ADARSH SRIVASTAVA @ RAHUL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND ANOTHER
/1957/2025 · 2025-12-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180631 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180631 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1957 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. In view of order proposed to be passed, notice to respondent No.2 is dispensed with. The present anticipatory bail application has been filed seeking anticipatory bail in case crime No. 78 of 2025, under Section 409 IPC, P.S.-Harraiya, District-Balrampur. In the prosecution case, it is alleged that on 26.04.2022 Rs. 2,05,018/- was available in the bank account of complainant. Now, Rs. 5,052/- remains in his bank account. When the complainant asked the Bank Manager, he assured him that money would be returned after four months. However, when the complainant contacted him again, the Bank Manager refused to return the said money. Submission of the learned counsel for the applicant is that he is a Bank Correspondent and not an employee of the said Bank. The cash receipt is given by the Cashier and not by the applicant. Applicant has falsely been implicated in this case. Learned AGA, on the other hand, opposed the bail application. He has drawn attention of this Court towards statements of complainant, who has stated that Rs. 2 lakh were given to the applicant by him on 26.04.2022 for Versus Counsel for Applicant(s) : Anand Kumar Srivastava Counsel for Opposite Party(s) : G.A. Adarsh Srivastava @ Rahul .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another .....Opposite Party(s)
depositing in the Bank and that it was applicant who provided him a receipt. It is submitted that it is not a case of false application. Applicant has similar history earlier regarding commission of a similar type of offence. Perused the record. A perusal of the record, statements of complainant and other prosecution witnesses so also the Annexure No. 4 shows the complexity of the applicant in the commission of alleged offence. This coupled with the fact that applicant has similar nature of criminal history in the past regarding which Case Crime No. 218 of 2023 was registered at P.S.-Harraiya, District- Balrampur involving the same bank, it cannot be said that the FIR has been registered to harass him or for false implication.
At this stage, learned counsel for the applicant submits that liberty may be given to the applicant to file a regular bail application which may be decided in view of law laid by Supreme Court passed in Special Leave to Appeal (Cri) No.5191 of 2021 "Satender Kumar Antil versus Central Bureau of Investigation and another. Accordingly, it is provided that in case a regular bail application is filed within ten days from the date of receipt of certified copy of this order, the same shall be decided in view of the law laid by by Supreme Court vide order dated 07.10.2021 passed in the case of Satender Kumar Antil (supra). December 9, 2025 Vinay/- NABAIL No. 1957 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench