Upendra Nath Srivastava Vs State of U.P. Thru. a.C.S./… — Bail and Remand | Allahabad HC (2025)

Upendra Nath Srivastava Vs State of U.P. Thru. a.C.S./… — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Enlargement on bail during trial: release upon furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned, subject to five conditions (no tampering with evidence; no pressurizing/intimidating prosecution witnesses; appearance before trial court on dates fixed unless presence exempted; no commission of similar offence; no inducement/threat/promise to dissuade disclosure or tamper with evidence); prosecution at liberty to move bail-cancellation application before this Court on breach of any condition.

Issue for consideration

Whether the applicant Upendra Nath Srivastava, involved in Case Crime No. 0012 of 2024 under Section 409 IPC, P.S. Lonikatara, District Barabanki, is entitled to be enlarged on bail during trial under Section 439 of Code of Criminal Procedure.

Court's answer

Considering the facts and circumstances of the case, submissions of learned counsel for the parties, perusal of record as well as FIR, and without expressing any opinion on the merits, the Court held that the applicant has made out a case for bail; the bail application was allowed.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (1) not tampering with evidence during trial; (2) not pressurizing/intimidating prosecution witnesses; (3) appearing before the trial court on dates fixed unless personal presence exempted; (4) not committing a similar offence; (5) not making any inducement, threat or promise to dissuade disclosure of facts or tamper with evidence; on breach of any condition the prosecution is at liberty to move a bail cancellation application before this Court.

Detailed headnote1 paragraphs

Bail allowed. Upendra Nath Srivastava, involved in Case Crime No. 0012 of 2024 under Section 409 IPC registered at P.S. Lonikatara, District Barabanki (informant an Upper Zila Sahkari Adhikari; alleged embezzlement of Rs. 5,84,902/- with no authentic report; FIR lodged only on ground of suspicion, addressing Additional Superintendent of Police to make preliminary enquiry), in jail since 6.12.2024 with no criminal antecedents; learned A.G.A. opposed but did not dispute factual submissions. Without expressing any opinion on merits, Court No. 14, Hon'ble Subhash Chandra Sharma, J. (order dated 19.2.2025; Neutral Citation No. 2025:AHC-LKO:10846), held the applicant made out a case for bail under Section 439 of Code of Criminal Procedure and allowed the application: release on furnishing a personal bond and two heavy sureties each in the like amount, subject to five conditions, with liberty to the prosecution to seek bail cancellation on breach.

Neutral Citation No. - 2025:AHC-LKO:10846

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1537 of 2025

Applicant :- Upendra Nath Srivastava Opposite Party :- State Of U.P. Thru. A.C.S./ Prin. Secy. (Home Deptt.) Lko.

Counsel for Applicant :- Pramod Kumar Tiwari,Narayan Datt Tiwari,Pramod Kumar Tiwari,Smt. Usha Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

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

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Upendra Nath Srivastava seeking enlargement on bail during trial in connection with Case Crime No. 0012 of 2024, under Section 409 IPC, registered at P.S. Lonikatara, District Barabanki.

It is submitted by the learned counsel for the applicant that he is innocent and has been falsely implicated in the present case by the informant, who is Upper Zila Sahkari Adhikari. It is further submitted that embezzlement of Rs. 5,84,902/- has been mentioned in the FIR but there is no any authentic report in this regard. The FIR itself discloses the fact that it was lodged only on the ground of suspicion addressing to Additional Superintendent of Police to make preliminary enquiry and if matter was found to be proved then FIR be lodged. It shows that the informant was not sure as to whether the embezzlement was done by the applicant or not. It is further submitted that he is in jail since 6.12.2024 having no criminal antecedents, therefore, the applicant is entitled to be released on bail and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

Learned AGA opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, perusal of record as well as FIR and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

Let the applicant Upendra Nath Srivastava involved in Case Crime No. 0012 of 2024, under Section 409 IPC,

registered at P.S. Lonikatara, District Barabanki, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

The applicant will not tamper with the evidence during the trial.

The applicant will not pressurize/ intimidate the prosecution witness.

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 19.2.2025 AKK

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench