KRISHNA KUMAR SRIVASTAVA v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO.
BAIL/4465/2025 · 2025-07-28
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140907 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140907 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:43463 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4465 of 2025 Applicant :- Krishna Kumar Srivastava Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. Counsel for Applicant :- Sanjai Srivastava,Anchit Srivastava,Aparna Pandey,Rahul Tripathi,Ram Sajan Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged on 20.03.2025, upon secret information, three suspects, Altaf Raja, Krishna Kumar Srivastava, and Laksya Rathore, were apprehended near Sarvoday Vidhyalaya. From their possession, forged documents, laptops, mobile phones, fake stamps, and holograms were recovered. The accused admitted to creating fake certificates using Coral Software for monetary gain and named their associates. On the basis of the recovery and their confession, the three were taken into custody.
Learned counsel for the applicant submits that the applicant has explained his criminal antecedent of one case in paragraph 11 of the bail application. The alleged offences are triable by a Magistrate. He argues that the prosecution's version is highly doubtful. The applicant, an advocate, was arrested at 10:00 a.m. while en-route to Court, but the arrest was falsely recorded at 1:00 p.m. It is further submitted that the applicant is not involved in any act of forgery or cheating, and there is no independent witness to support the alleged recovery. The charge sheet has already been filed. The applicant is languishing in jail since 20.03.2025.
It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the fact that the offences are triable by a Magistrate; the applicant is languishing in jail since 20.03.2025 and the applicant has explained the criminal antecedent of a single case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Krishna Kumar Srivastava involved in Case Crime No. 216/2025, U/S 3(5), 318(4), 319(2), 336(3) 338, 340(2), BNS and 66D Information Technology Act, P.S Para, District Lucknow, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(v) 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 in accordance with law. (vi) 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. (now Section 84 BNSS) is issued and the 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 (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial.
Order Date :- 28.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench