Allahabad High Court
SMT PRITI SRIVASTAVAversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail during the trial, subject to a personal bond, two sureties and specified conditions, without expressing any view on the merits of the case.
Summary
The High Court of Allahabad considered a bail application filed by Smt Priti Srivastava (Criminal Misc. Bail Application No. 31851 of 2026) in connection with a pending trial (Crime No. 20 of 2026) under several sections of the Indian Penal Code. The applicant asserted that she is innocent, falsely implicated, and that no corroborative evidence links her to the alleged offences, while the State opposed bail. The court examined the nature of the allegations, the applicant’s personal circumstances, and the risk of trial delay. It held that the applicant is entitled to bail during the pendency of the trial, without expressing any opinion on the merits of the case. Bail was granted on condition of a personal bond, two sureties, and undertakings not to tamper with evidence, intimidate witnesses, commit similar offences, or induce any person to withhold information, with a warning that breach could lead to cancellation.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial under Sections 331(4), 324(5), 318(4), 61(2)Ka, 338, 336(3) and 340(2) of the Indian Penal Code
- Whether the conditions for granting bail, including risk of evidence tampering and witness intimidation, are satisfied
Legislation cited
- Indian Penal Code — s. 318(4), 324(5), 331(4), 336(3), 338, 340(2), 61(2)Ka
Subjects
- bail
- Indian Penal Code
- criminal procedure
- presumption of innocence
- sureties
- conditions of bail
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31851 of 2026
Smt Priti Srivastava
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Prakash Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 20 of 2026, under Sections 331(4), 324(5),
318(4), 61(2)Ka, 338, 336(3), 340(2) BNS, Police Station- Panki,
District- Kanpur Nagar, during pendency of the trial in the court
concerned.
Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. It is next submitted that applicant is having
no concern with the allegations levelled against her and she has not
committed any offence as alleged by prosecution. It is next submitted that
the applicant is neither seller nor purchaser nor the marginal witness of
the alleged sale deeds. The applicant is not the beneficiary of any illicit
transactions in any manner. At this stage, there is no corroborative
evidence to link the applicant the present crime. Similarly placed co-
accused Sushil Kumar Shukla has been granted bail by co-ordinate Bench
of this Court vide order dated 7.5.2026 in Criminal Misc. Bail Application
No. 14569 of 2026. Criminal history of the applicant has been explained
in the instant bail application. The applicant is lady and she is languishing
in jail since 17.3.2026. It is also submitted that the applicant undertakes
that she will not misuse the liberty, if granted. It has also been pointed out
that in the wake of heavy pendency of cases in the Court, there is no
likelihood of any early conclusion of trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
BAIL No. 31851 of 2026
2
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Smt Priti Srivastava be released on bail in the aforesaid
case on his executing a personal bond and furnishing two sureties each in
the like amount to the satisfaction of the court concerned subject to the
following conditions:-
(i). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/ intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.
(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.
(v). The applicant shall not directly or indirectly make any 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 to any police
officer or tamper with the evidence.
It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
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 9, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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