SUJIT KUMAR @ SUJIT KUMAR SRIVASTAVAversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 34899 of 2025

Sujit Kumar @ Sujit Kumar Srivastava
                                                               .....Applicant(s)
                                    Versus
State of U.P.
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)          : Pankaj Kumar Rai, Shambhavi Nandan
Counsel for Opposite Party(s)     : G.A.

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
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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
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                                    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
                                                                                                 (Santosh Rai,J.)




Digitally signed by :-
RAZIQ ALI
High Court of Judicature at Allahabad