Ashish Kumar Srivastava @ Ashish Srivastava v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15239 of 2023 Applicant :- Ashish Kumar Srivastava @ Ashish Srivastava Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sanket Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sanket Pandey, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 158 of 2019, under Sections 419, 420, 406, 506 IPC, Police Station Gomti Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.02.2019 against 23 persons, including the applicant, alleging that the informant had made some investments in R.Sons Infraland Developers Pvt. Ltd. in the year 2010 but neither any land was given nor was the money refunded to the informant.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is willing to settle the dispute with the informant for which he would require six months' time after his release. The applicant's involvement in 129 other cases has been disclosed in para 20 of the affidavit filed in support of the application, however, learned counsel for the applicant states that the applicant is involved in some more cases and he has been granted bail in more than 105 cases on his expressing the same willingness of settlement of dispute with the informant. The applicant is languishing in jail since 21.05.2019 and even charges have not been framed till date.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and without making any observation, which may affect the merits of the case, 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Ashish Kumar Srivastava @ Ashish Srivastava be released on bail in the aforesaid 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 will settle the grievance of the informant within a period of six months from the date of his release from custody, failing which this order will stand cancelled automatically after expiry of the aforesaid period;

(ii) the applicant shall not tamper with the prosecution evidence;

(iii) the applicant shall not pressurize the prosecution witnesses;

(iv) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 22.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench