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2025 DAILYLAW 3357 (ALL)

SUJIT KUMAR @ SUJIT KUMAR SRIVASTAVA v. STATE OF U.P.

BAIL/34899/2025 · 2026-05-06

Santosh Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34899 of 2025 Court No. - 91 HON'BLE SANTOSH RAI, J. 1. Affidavit of compliance filed, today in Court, on behalf of the applicant is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State- respondents and perused the record. 3. This bail application has been moved on behalf of accused-applicant Sujit Kumar @ Sujit Kumar Srivastava seeking enlargement on bail in Case Crime No.690 of 2024, under Sections 420, 467, 468, 471, 506 IPC, Police Station Rasra, District Ballia. 4. Tersely, as per the allegation contained in the FIR three accused persons including the applicant have committed misappropriation and forgery of Rs.5 lakhs with the informant. 5. Learned counsel for the applicant submits that the accused-applicant has not committed any offence as alleged in the FIR and has been falsely implicated in this case. Applicant is languishing in jail since 19.8.2025. It is submitted that though applicant is named in the FIR but the matter is related to business transaction. It is further submitted that in compliance of order dated 10.10.2025, Rs.3,66,420/- has already been paid in the account of informant through UPI mode and detail of transaction has been clearly mentioned in para 3 of the compliance affidavit filed on behalf of the applicant in which deposit/pay-in slip of Rs.3,66,420/- having cheque no.02014614 to the informant Vijaykant Prasad Gaud by the applicant is annexed with it. It is argued that applicant has criminal history of one case Versus Counsel for Applicant(s) : Pankaj Kumar Rai, Shambhavi Nandan Counsel for Opposite Party(s) : G.A. Sujit Kumar @ Sujit Kumar Srivastava .....Applicant(s) State of U.P. .....Opposite Party(s) which has been explained in para 42 of the affidavit filed in support of bail application. Submission is that the conclusion of trial will take sufficiently long and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 6. Per contra, learned AGA has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre- trial stage, therefore, he does not deserve any indulgence. It is submitted that, in case the applicant is released on bail, he may again indulge in similar activities and misuse the liberty of bail. 7. Having considered the submissions of the parties noted above as also the fact that in compliance of order dated 10.10.2025, Rs.3,66,420/- has already been paid in the account of informant through UPI mode and detail of transaction has been clearly mentioned in para 3 of the compliance affidavit filed on behalf of the applicant in which deposit/pay-in slip of Rs.3,66,420/- having cheque no.02014614 to the informant Vijaykant Prasad Gaud by the applicant is annexed with it, keeping in view the uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, considering paragraph no.53 of Apex Court in case of Manish Sisodia vs. Directorate of Enforcement 2024 (SC) LawSuit 677, dictum of Apex Court in Union of India vs. K.A. Najeeb (2021) 3 SCC 713 & Satender Kumar Antil vs. Central Bureau of Investigation & Anr. (2022) 10 SCC 51 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) 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. (iii) The applicant shall remain present before the trial court on each date fixed, either personally or as directed by the court concerned. (iv) The applicant shall remain present in person before the Trial Court on BAIL No. 34899 of 2025 2 the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement of accused personally to explain circumstances appearing in the evidence against him. (v) In case the applicant misuses the liberty of bail during trial and in order to secure his presence, the trial court shall initiate proceedings against him strictly, in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail by the trial court. 9. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. May 7, 2026 RA BAIL No. 34899 of 2025 3 (Santosh Rai,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad