Allahabad High Court
ABHISHEK SRIVASTAVAversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail as the case is fit for grant of bail, subject to conditions.
Summary
The High Court considered a bail application filed by Abhishek Srivastava, who is accused in a criminal case (Crime No. 430 of 2025) under Sections 406, 504 and 506 of the Indian Penal Code. The applicant claimed innocence, stating the matter stemmed from a business dispute and that he would not misuse bail. The Assistant Government Advocate opposed bail but did not dispute the applicant's contentions. After reviewing the record and the nature of the allegations, the court, without commenting on the merits, found the case suitable for bail and ordered release on personal bond with two sureties, imposing conditions to ensure appearance and prevent tampering. The court clarified that its observations are limited to the bail application and will not affect the trial's merits.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under Sections 406, 504 and 506 IPC despite a prior criminal history.
- Whether the applicant poses a risk of fleeing, tampering with evidence, or committing further offences if released on bail.
Legislation cited
- Indian Penal Code — s. 406, 504, 506
Subjects
- bail
- Indian Penal Code
- Section 406
- Section 504
- Section 506
- criminal procedure
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31444 of 2026
Abhishek Srivastava
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : G.S.Chauhan, Vivek Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
2. The applicant is involved in Case Crime No. 430 of 2025 under
Sections -406, 504, 506 IPC Police Station - Peepiganj District -
Gorakhpur.
3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is further
submitted that the present matter relates to a business transaction
dispute. It is also submitted that applicant is having no concern with the
allegations levelled against him and he has not committed any offence as
alleged by prosecution. The applicant has criminal history of seven cases,
which has been explained in paragraph no.24 of the affidavit filed in
support of the bail application. The applicant is in jail since 02.07.2026.
Therefore, the applicant is entitled for bail. Learned counsel for the
applicant has further submitted that if the applicant is released on bail, the
applicant would not misuse liberty of bail and is ready to co-operate in the
trial.
4. Learned A.G.A. has opposed the prayer for bail but he has not disputed
the above contention made by the learned counsel for the accused-
applicant.
5. Considering the facts and circumstances of the case, perusing the
BAIL No. 31444 of 2026
2
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
6. Let applicant - Abhishek Srivastava be released on bail in the
aforesaid case crime number on furnishing a personal bond and two
reliable sureties of the like amount to the satisfaction of the court
concerned subject to following conditions, which are being imposed in
the interest of justice:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make inducement, threat
or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
7. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
8. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
the said observations shall have no bearing on the merits of the case
during trial.
(Jai Prakash Tiwari,J.)
September 8, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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