Abhai Kumar Srivastava Vs State of U.P. Thru. Prin. Secy. Home Lko.

Neutral Citation No. - 2025:AHC-LKO:35727

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4676 of 2025

Applicant :- Abhai Kumar Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ram Prakash Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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

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The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.360 of 2024, under Sections 112, 318(4), 61(2) of BNS, Section 66D of IT Act and Sections 13(5), 11(7) of U.P. Public Examination Ordinance, 2024, Police Station-Gazipur, DistrictLucknow.

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Learned counsel for the applicant submits that the applicant is an innocent person and he is in jail since 06.01.2025. He further submits that co-accused Aniruddh Modanwal, having identical role, has already been granted bail by this Court, vide order dated 19.12.2024 passed in Criminal Misc. Bail Application No.13087 of 2024. Charge sheet has been filed in this case. He further submitted that applicant is ready to cooperate in the investigation. There is no possibility of tampering of any evidence. In these circumstances, the applicant is also 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. has opposed the prayer of the applicant for grant of bail, but he conceded the fact that co-accused Aniruddh Modanwal has already been granted bail by this Court.

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Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents, bail order of the coaccused Aniruddh Modanwal as well as totality of fact and circumstances, I am of the view that the applicant is entitled to be released on bail.

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Let applicant- Abhai Kumar Srivastava be released on bail in aforesaid Case Crime, on his furnishing personal bond and

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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 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/269 BNS.

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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./84 B.N.S.S., 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/209 BNS.

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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./351 B.N.S.S. 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 :- 17.6.2025 Renu/-

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Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Abhai Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Home Lko.

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Abhai Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Home Lko.

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