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2025 DAILYLAW 107497 (ALL)

PIYUSH SRIVASTAVA v. State of UP

BAIL/42401/2024 · 2025-07-31

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129562 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42401 of 2024 Applicant :- Piyush Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Farhan Khan,Matiur Rehman Khan Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Sri Ashish Kumar Gupta, learned counsel has filed his power on behalf of the informant today in the Court, is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicant submits that the dispute pertains to Rs. 3,30,000/-. Learned counsel has produced the demand draft no. 358634 amounting to Rs. 3,30,000/- and prays that the same may be handed over to the informant's counsel to enable him to handover the informant and therefore the applicant may be enlarged on bail. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 17.09.2024. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. The original demand draft no. 358634 amounting to Rs. 3,30,000/- has been handed over to Sri Ashish Kumar Gupta, learned counsel for the informant, who undertakes that he will handover to the same to the informant. The endorsement of receiving has been made on a photocopy of the draft, which is kept on record. 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 7. Let applicant Piyush Srivastava involved in Case Crime No. 178 of 2023 under Sections 406, 420, 506, 467, 468, 471 of I.P.C., Police Station Khejuri, District Ballia be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 9. The bail application is allowed. Order Date :- 1.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad