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2025 DAILYLAW 183150 (ALL)

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

/2248/2023 · 2025-12-08

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2248 of 2023 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. As per the FIR, it is alleged that Real India Chit Fund Company had established its branches in Dhampur, District Bijnor, with its Head Office situated in Lucknow. The complainant is stated to have deposited a sum of Rs. 30 lakhs with the company, and upon maturity of the term, the company allegedly failed to return the amount. It is further alleged that when the complainant approached the Chairman, Nitin Srivastava, he assured repayment; however, no money was returned. Learned counsel for the applicant submits that the applicant has disclosed his criminal antecedents relating to 22 cases in paragraph 19 of the bail application. The applicant asserts his innocence and claims false implication in the present case. It is also contended that co-accused Aniruddh Prasad Tiwari @ Aniruddh Prasad Tripathi has already been granted bail, and the applicant was merely an employee of the company and not its Chairman. Additionally, it is argued that the applicant did not receive any amount in his personal account. 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. Versus Counsel for Applicant(s) : Karunanidhi Yadav, Krishna Kant, Yogesh Tiwari Counsel for Opposite Party(s) : G.A. Nitin Kumar Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Learned AGA has opposed the bail plea on the ground that the applicant has a chequered criminal history. Considering that the offences under Sections 406/420 IPC are punishable up to 7 years; the applicant is in custody since 25.09.2021; co-accused has been granted bail; the charge sheet has been filed; and keeping in view the period of incarceration undergone, this Court finds it a fit case to enlarge the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Nitin Kumar Srivastava, involved in Case Crime No. 423 of 2019, under Sections 409, 420 P.S. Sector Ashiyana, District Lucknowh, 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 8, 2025 R.C. BAIL No. 2248 of 2023 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench