Allahabad High Court
SMT. PRITI SRIVASTAVAversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court held that bail is appropriate and granted it subject to standard conditions.
Summary
The High Court of Allahabad considered a bail application filed by Smt. Priti Srivastava, who was arrested in connection with a case registered under sections 318(4), 338, 336(3), 340(2) and 61(2)Ka of the B.N.S. The applicant claimed she was falsely implicated, not named in the FIR, and had no involvement in the alleged offences. The State opposed bail but did not refute the applicant’s contentions. After weighing the nature of the allegations, the period of custody, and the applicant’s claim of innocence, the Court, without expressing an opinion on the merits, deemed the case fit for bail. The Court ordered her release on personal bond with two sureties, subject to conditions prohibiting tampering with evidence, intimidation of witnesses, and committing similar offences. The bail may be cancelled if any condition is breached.
Issues considered
- Whether bail should be granted to the accused under the specified sections of the B.N.S. considering the nature of the alleged offences and the applicant’s claim of innocence
Legislation cited
- B.N.S. — s. 318(4), 336(3), 338, 340(2), 61(2)Ka
Subjects
- bail
- criminal procedure
- presumption of innocence
- FIR
- conditions of bail
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31952 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.
1. Heard learned counsel for the applicant, learned A.G.A for the State
and perused the record.
2. This bail application has been moved on behalf of accused-applicant
seeking enlargement on bail in Case Crime No. 338 of 2025, under
Sections 318(4), 338, 336(3), 340(2) & 61(2)Ka of the B.N.S., Police
Station Panki, District Kanpur Nagar.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted
that further submits that the FIR has been registered against four named
persons and two unknown persons. He submits that the applicant is not
named in the FIR and his name was surfaced during course of
investigation. He submits that the applicant has not committed any
forgery nor cheated the informant in any manner. 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. It is next
submitted that the co-accused Sumit Srivastava has already been granted
bail by this Court vide order dated 29.04.2026 passed in Criminal Misc.
Bail Application No. 10009 of 2026. The applicant is in jail since
17.03.2026. 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. opposed the prayer for bail but could not dispute the
BAIL No. 31952 of 2026
2
aforesaid fact as argued by learned counsel for the applicant.
5. Considering the submission of learned counsel for the parties, facts of
the case, nature of allegation and period of custody, gravity of offence,
without expressing any opinion on the merits of the case, the Court is of
the opinion that it is a fit case for bail. Hence, the bail application is
hereby allowed.
6. Let the applicant -Smt. Priti Srivastava, involved in the aforesaid case
be released on bail on furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned subject to
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.
7. In case of breach of any of the above conditions, the court below shall
be at liberty to cancel the bail.
(Jai Prakash Tiwari,J.)
September 9, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
Checking your session…