Amitabh Kumar Srivastava @ Amitabh Srivastava Vs State of U.P. Thru. Its Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:27792

Court No. - 17

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1328 of 2025

Applicant :- Amitabh Kumar Srivastava @ Amitabh Srivastava Opposite Party :- State Of U.P. Thru. Its Secy. Home Lko. Counsel for Applicant :- Desh Mitra Anand,Prateek Rawat,Rajendra Kumar,Utkarsh Anand Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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This case is nominated to this Court by Hon'ble The Chief Justice vide order dated 27.2.2025.

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Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant in Case Crime No.759 of 2021, under Sections 409, 420, 467, 468, 471 & 120-B I.P.C., Police Station - Gomti Nagar, District - Lucknow, with the prayer to enlarge her on bail.

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Learned counsel for the applicant has submitted that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 17.10.2020. He further submitted that applicant is one of the Director in M/S Kingston Buildcon Pvt. Ltd. and his company was facilitating the M/S Shine City Infraproject Pvt. Ltd. but he was not aware about the details and ownership of the properties those were sold out by the M/S Shine City Infraproject Pvt. Ltd. He also submitted that on the basis of incorrect facts, F.I.R. of the case in question was lodged and thereafter, he was implicated in multiple cases those were lodged by the investors against M/S Shine City Infraproject Pvt. Ltd. It is also submitted that charge sheet has already been filed against the applicant, however, more than four years have already been passed but till today, charge has not been framed. He next submitted that no evidence is found in the case diary for the offences under Sections 467, 468, 471 & 120-B I.P.C., however, trial of offences under Sections 409 & 420 I.P.C. cannot run together and photo copy of the statement of

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witnesses are being relied and submitted by the Investigating Officer in all the cases. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. as well as learned counsel for the complainant have vehemently opposed the prayer for grant of bail and submitted that sufficient evidences were found against the applicant, thereafter, charge sheet was filed, but they do not dispute this fact that till today, charge has not been framed against the applicant.

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Considering the rival submissions of learned counsel for applicant, learned A.G.A., learned counsel for the complainant, material available on record, contents of F.I.R., contents of master counter affidavit filed in the Criminal Misc. Bail Application No.10571 of 2024 as well as facts and circumstances of the case, nowhere, it is found that money was deposited in the account of the applicant and till today, charge has not been framed against the applicant, therefore, I am of the view that the applicant is entitled to be released on bail.

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Let applicant - Amitabh Kumar Srivastava @ Amitabh Srivastava - be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on

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the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 8.5.2025 GauraV/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Amitabh Kumar Srivastava @ Amitabh Srivastava v. State of U.P. Thru. Its Secy. Home Lko.

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Amitabh Kumar Srivastava @ Amitabh Srivastava v. State of U.P. Thru. Its Secy. Home Lko.

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