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2025 DAILYLAW 163608 (ALL)

SHRAWAN KUMAR @ SHARWAN KUMAR TRIPATHI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/8843/2025 · 2025-09-16

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8843 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Gaurav Shukla, learned counsel for the applicant, Shri Mayank Sinha, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0058 of 2021, under Sections 406, 419, 420, 467, 468, 471, 120B IPC, registered at Police Station Aliganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.03.2021, in furtherance of an application under Section 156(3) Cr.P.C., against three persons including the applicant, stating that co-accused Jitnedra Kumar Tiwari, who is a partner of M/s S.S. Dev Traders, had allured to get the persons employed in Modern Coach Factory, Raebareli and for getting awarded certain contracts in the factory and under this allurement, he extracted Rs.21,04,350/- in the name of employment and Rs.8,34,959/- for procuring contracts. He alleged that fake agreements and fake letters were issued by the Dev Traders. The applicant has been implicated merely because he is also a partner of Dev Traders and the application under Section 156(3) Cr.P.C. does not level any allegation of commission of any specific act by the applicant. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. 5. A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in 4 other criminal cases, in one of which the applicant has been granted bail and in rest of the cases, he has not received Versus Counsel for Applicant(s) : Suyash Shukla, Gaurav Shukla Counsel for Opposite Party(s) : G.A. Shrawan Kumar @ Sharwan Kumar Tripathi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) any summon. 6. Learned A.G.A. has opposed the application and he has submitted that the allegations have been established during the investigation and a charge sheet has been submitted on 13.07.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. does not level any specific allegation against the applicant and that the applicant is languishing in jail since 08.07.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant - Shrawan Kumar @ Sharwan Kumar Tripathi be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. September 16, 2025 S. Shivhare BAIL No. 8843 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench