MAYANK SRIVASTAVA v. STATE OF U.P. THRU. SECY. HOME LKO.
BAIL/5921/2025 · 2025-07-02
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148715 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148715 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:37309 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5921 of 2025 Applicant :- Mayank Srivastava Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Dheeraj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.176 of 2025, under Sections 309(6), 352, 351(2), 317(2) of BNS, P.S. Haidrabad, District Lakhimpur Kheri. In the prosecution case it is alleged that two unknown persons have stopped the complainant on 31.05.2025 at about 09:00 pm and have snatched his cycle, beaten him and have also snatched his mobile android Redmi phone.
Learned counsel for applicant submits that applicant is not named in the F.I.R. Applicant has been falsely implicated in this case. The alleged recovery of android Redmi phone from the applicant is false. The offences are triable by magistrate. He submits that the applicant is languishing in jail since 01.06.2025 however, he has no criminal history. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 01.06.2025 having no criminal history, offences are triable by magistrate and also the fact that applicant is not named in the
F.I.R. and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Mayank Srivastava be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court 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 269 of BNS. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under 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 209 BNS.
Order Date :- 2.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench