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2025 DAILYLAW 148012 (ALL)

RAJEEV SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/5818/2025 · 2025-07-02

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37242 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5818 of 2025 Applicant :- Rajeev Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sudhir Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Supplementary Affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.10 of 2025, under Section 109,352, 3(5) BNS and Sec tion 3/25/27 arms Act, Police Station Aliganj, District Lucknow. Learned counsel for the applicant submits that in connection with the alleged incident of chain snatching, an FIR bearing Case Crime No. 09 of 2025, under Sections 304 and 317(2) of the Bharatiya Nyaya Sanhita (BNS), was registered at Police Station Aliganj, District Lucknow, in which the applicant has already been granted bail by the learned Sessions Court, Lucknow vide order dated 19.2.2025 bearing Bail Application (U/S 438 B.N.S.S.) No. 957 of 2025. A copy of the bail order has been filed along with the Supplementary Affidavit. It is further submitted that, despite there being no injured person, the present FIR has been registered under Sections 109, 352, 3(5) of the BNS and Sections 3/25/27 of the Arms Act. He submits that the alleged recovery is false, and there is no independent witness to support the recovery. Moreover, no police personnel sustained any injury during the alleged incident. On the contrary, the applicant himself sustained a gunshot injury allegedly caused by the police. It is submitted that the applicant is innocent and has been falsely implicated in the present case. He is in jail since 16.01.2025. The applicant has explained criminal history of nine cases in paragraph 3 of the Supplementary Affidavit. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts and circumstances of the case, particularly the fact that the applicant is in jail since 16.01.2025; that no injury has been sustained by any police personnel; and that the applicant has explained criminal history of nine cases in paragraph 3 of the Supplementary Affidavit; and also considering the order passed in Bail Application (U/S 438 B.N.S.S.) No. 957 of 2025, and without expressing any opinion on the merits of the case, I am of the view that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Rajeev Srivastava be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 under Section 229-A of the Indian Penal Code. (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. 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 of the Indian Penal Code. Order Date :- 2.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench