Amitabh Kumar Srivastava @ Amitabh Srivastava Vs… — Cheating and Forgery | Allahabad HC (2025)

Amitabh Kumar Srivastava @ Amitabh Srivastava Vs… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release on bail in Case Crime No. 893 of 2020 upon a personal bond and two sureties each in the like amount, subject to conditions: no tampering with prosecution evidence, no pressurizing prosecution witnesses, and appearance on each and every date fixed by the trial court.

Issue for consideration

Whether the applicant, accused in Case Crime No. 893 of 2020 under Sections 409, 420, 467, 468, 471, 120-B IPC arising from Shine City Infrastructure Pvt. Ltd. investment-fraud allegations, is entitled to be enlarged on bail despite large-scale-fraud objections, given custody since 17.10.2020 without framing of charges or commencement of trial.

Court's answer

Since the purpose of keeping an under-trial in custody is to ensure his availability to face the trial, and more than four years have elapsed since custody without the trial commencing, the stated facts are sufficient to make out a case for enlarging the applicant on bail in Case Crime No. 893 of 2020.

Ratio / Principle

On that basis the bail application is allowed: the applicant is to be released on furnishing a personal bond and two sureties each in the like amount, subject to the conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench) — bail granted. Amitabh Kumar Srivastava @ Amitabh Srivastava, formerly Additional Director of Shine City Infrastructure Pvt. Ltd. (17.03.2016 to 05.12.2019), sought bail in Case Crime No. 893 of 2020 (Ss. 409, 420, 467, 468, 471, 120-B IPC, P.S. Gomti Nagar, Lucknow), registered on an FIR alleging an investor received no return on his Shine City investment. He reported being roped into more than 220 FIRs concerning Shine City disputes and having obtained bail in about 100 cases. Although the State opposed on grounds of large-scale financial fraud affecting very many persons, it could not refute that he had been in jail since 17.10.2020 with charges still not framed and the trial not commenced after more than four years. Judge Subhash Vidyarthi held that because the purpose of custody of an under-trial is to ensure availability for trial, these facts suffice for bail; the applicant was ordered released on a personal bond and two sureties each in the like amount, conditional on non-tampering with evidence, non-pressure on witnesses and attendance on all trial-court dates. Order dated 9.5.2025.

Neutral Citation No. - 2025:AHC-LKO:27329

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4049 of 2025

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

Hon'ble Subhash Vidyarthi,J.

Heard Shri Desh Mitra Anand, learned counsel for the applicant, Shri Pranesh Sinha, learned A.G.A. for the State, Shri Rohit Tripathi, the learned counsel for the Enforcement Directorate and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.893 of 2020, under Sections 409, 420, 467, 468, 471, 120-B I.P.C. registered at Police Station- Gomti Nagar, District- Lucknow.

The aforesaid case has been registered on the basis of an F.I.R. alleging that the informant had made some investment in a Project of Shine City Infrastructure Pvt. Ltd. Company but no return was paid on his investment.

In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case. It has further been stated that the applicant was an Additional Director of the Company since 17.03.2016 and he had resigned from the aforesaid position on 05.12.2019. It has further been stated in the affidavit that the applicant had no previous criminal history but as per his knowledge, he has been roped in more than 220 F.I.R.s registered under different police stations and the learned counsel for the applicant has submitted that all the F.I.R.s relate to disputes regarding Shine City Infrastructure Pvt. Ltd. Company only.

Learned counsel for the applicant has submitted that the applicant has been granted bail in about 100 cases.

Learned AGA has vehemently opposed the bail application and he has submitted that the applicant is involved in a large scale financial fraud affecting a very large number of persons and, therefore, he is not entitled to be released on bail. However, he could not refute the submissions of the learned

counsel for the applicant that although the applicant is languishing in jail since 17.10.2020, even charges have not been framed till date.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the purpose of keeping an under trial person in custody is to ensure his availability to face the trial and the trial has not even commenced in spite of a period of more than four years has been elapsed since the applicant was taken into custody, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant- Amitabh Kumar Srivastava @ Amitabh Srivastava be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court.

[Subhash Vidyarthi, J.]

Order Date :- 9.5.2025 -Amit K-

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