HARSHVARDHAN JAINversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 41324 of 2025

Harshvardhan Jain
                                                             .....Applicant(s)
                                   Versus
State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Ashutosh Mishra, Gyanendra Kumar
                                Yadav, Syed Abid Ali Naqvi
Counsel for Opposite Party(s) : G.A.

Court No. - 68
                 HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Sri Manish Tiwary, learned Senior Counsel assisted by Sri Ashutosh
Mishra, Syed Abid Ali Naqvi and Sri Gyanendra Kumar Yadav, learned
counsels for the applicant, Sri Pankaj Saxena, learned AGA for the State and
perused the records.

The instant bail application under Section 483 of BNSS at the instance of the
applicant Harshvardhan Jain has been filed seeking enlargement on bail in
Case Crime No. 671 of 2025, under Sections 318(4), 319, 336(3), 338,
340(2) and 341(1) of BNS, Police Station Kavi Nagar, District Ghaziabad
during the pendency of the trial before the court below. The bail application
of the applicant before the court below has been rejected by the Additional
Sessions Judge/Special Judge (POCSO Act) Court No. 1, Ghaziabad, vide
order dated 30.10.2025 and the applicant has been languishing in jail since
23.07.2025.

Sri Manish Tiwary, learned Senior Counsel appearing for the applicant
vehemently argued that the applicant is entirely innocent and has been
falsely implicated in this very case crime number for ulterior motives. The
FIR giving rise to the case crime number aforementioned has been lodged
nominating the applicant with the allegation that the applicant is operating
an Embassy illegally in Kavi Nagar, Ghaziabad by hoisting flags of various
countries and putting diplomatic number plates on vehicles and individuals
are being defrauded through the said Embassy. The Embassy does not have
the permission of the Ministry of External Affairs, Government of India. A
police party is stated to have raided the premises KB-45, Kavi Nagar, Police
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Station Kavi Nagar, Ghaziabad, and made certain recoveries which have
been detailed in Para 10 of the affidavit filed in support of the bail
application. The recoveries includes documents, IDs, Seals, Number Plates
Indian and Foreign Currencies and some photographs. Among the
documents seized the Indian Passport of the applicant bearing No.
KB40020B bearing the signature of Pushpa Rajan, Section Officer, New
Delhi was seized. Two other Passports bearing numbers 000006 of
Principality of Sebroga and CD 31-C. Diplomatic Passport No. 00015555
also bearing the forged seal of the Ministry of External Affairs and Pushpa
Ranjan were recovered.

Sri Manish Tiwary, learned Senior Counsel appearing for the applicant has
vehemently submitted that the Indian Passport of the applicant is genuine
and the six additional passports and diplomatic number plates are mere
novelty souvenirs issued by various Macro-nations i.e Principality of
Seborga, Lostisland, West Artica etc. It is argued that these items are
intended for identification and ceremonial purposes within those
organizations and were never utilized as official travel credentials or to
impersonate state officials. There has been no violation of the Indian
Passport Act. It is further argued that the applicant has not used the CD
Number plates which are issued by the Ministry of External Affairs but has
utilized CDI Plates (Club Diplomatique International) Souvenir Plates which
are placed below the genuine Indian Registration Numbers. The vehicles
seized bore genuine Indian Registration Numbers and no offence or violation
of the Motor Vehicles Act can be attributed to the applicant.

Sri Manish Tiwary, learned Senior Counsel has further argued that there is
no complaint or any FIR lodged against the applicant alleging fraud, duping
or criminal inducement. The 22 registered corporate entities and their seals
are legitimate and have remained dormant with no bank transactions or trade
activity precluding any financial impropriety. Any funds received were
voluntary, transparent and utilized strictly for ceremonial functions and
cultural exchanges rather than personal gains. The cash recovered during the
search was legitimately borrowed from relatives to settle a civil proceedings
Case No. 9459 of 2013 pending before the DRT, Lucknow. The applicant
has not morphed any photographs and the meetings with high profile
designation including the former President, His Excellency Sri Shankar
Dayal Sharma and APJ Abdul Kalam as well as with Sri Narendra Modi, the
current Prime Minister are all authentic and can be verified via official entry
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registers. The claims linking the applicant with Adnan Khashoggi are
factually impossible as the said individual expired in the year 2017 itself.
The claim of Hawala Transaction have not been substantiated by the
prosecution.

It is further argued that there is no sign or Board at t he residence of the
applicant claiming it to be an Embassy. A small nameplate merely identifies
the applicant as a "Royal Advisor" via e-Mail to the I.O. No offence as
alleged in the FIR can be said to be made out against the applicant. The
applicant has one other criminal antecedent which has been duly explained
in Para 54 of the bail application in which he has already been bailed out.
The charge sheet against the applicant has already been filed on 16.10.2025
and the investigation against the applicant is complete. The further custodial
interrogation of the applicant in this case is no longer required. The applicant
is not a flight risk and undertakes to co0o0perte in the trail and shall not
misuse the liberty of bail if released on bail. Hence bail has been prayed for.

Per contra, Sri Pankaj Saxena, learned AGA has vehemently opposed the
bail plea by submitting that incriminating material has been collected against
the applicant during the investigation which establishes the complicity of the
applicant in the commission of the crime alleged. He however could not
rebut the submissions advanced by learned counsel for the applicant or
dispute the fact that investigation has concluded on filing of the charge sheet
and further custodial interrogation of the applicant is not required.

Considering all those facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima-
facie case, but without commenting on merit of case, a case for bail is made
out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Harshvardhan Jain, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.
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                                    3. The applicant will not pressurize/intimidate the prosecution witnesses and
                                    co-operate in the trial.

                                    4. The applicant will appear regularly on each and every date fixed by the
                                    trial court, unless his personal appearance is exempted through counsel by
                                    the court concerned.

                                    In the event of breach of any of the aforesaid conditions, the court below
                                    will be at liberty to proceed to cancel his bail.

                                    April 2, 2026
                                    pks
                                                                                      (Ashutosh Srivastava,J.)




Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad