JATIN SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/11275/2025 · 2025-11-27
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185235 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185235 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11275 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Accused-applicant seeks bail in Case Crime No. 818 of 2025 under Sections 308(5), 351(4) BNS and Section 67(A) of I.T. Act, P.S.-Kotwali Nagar, District-Gonda. In the prosecution case, it is alleged that on 15.10.2025 at about 02:02 a message was received by the complainant on his Mobile Phone which contain obscene photographs and video of his fiancee then Rs. ten lakhs were demanded on a Telegram Call failing which the video and photographs were threatened to be made viral. Submission of the learned counsel for the applicant is that there is no delivery of property in this case neither any video or photographs has been made viral and thus, no offence under Section 308(5) BNS is made out against the applicant. He has drawn attention of this Court to recovery memo and submits that according to the recovery memo only role assigned to the applicant in this case is that SIM in question was being operated on a mobile of applicant which was used by the co-accused Adrash Mishra. 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) : Himanshu Suryavanshi, Ram Uggrah Shukla Counsel for Opposite Party(s) : G.A. Jatin Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considered the aforesaid and perused the record. On due consideration of the facts that applicant is languishing in jail since 19.10.2025, prima facie, there appears to be no delivery of property, any video or photographs has not been made viral, so also the manner in which name of applicant is surfaced during investigation and the role assigned to he him, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed.
Let the applicant-Jatin Srivastava involved in aforesaid case crime be released on bail 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. November 27, 2025 Vinay/- BAIL No. 11275 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench