Supreme Court Grants Bail to Accused in Embezzlement Case, Citing Trial Delays and Co-Accused's Bail.
08 May 2025
Bail and Antcipatory Bail >> Criminal Law
The Supreme Court of India has recently granted bail to an appellant accused of criminal breach of trust and criminal conspiracy in Arun Kumar Srivastava v/s The State Of Uttar Pradesh, overturning a decision by the Allahabad High Court. The appellant, who has been in custody since September 16, 2023, was facing charges under Sections 409 (criminal breach of trust by public servant, or by banker, merchant or agent) read with 120-B (criminal conspiracy) of the Indian Penal Code, 1860.
The case originates from FIR No. 0005, registered on January 6, 2021, at Police Station Khampur, Deoria, Uttar Pradesh. Despite the charge sheet being filed on December 12, 2023, charges are yet to be framed, and the prosecution intends to examine 18 witnesses, indicating a potentially lengthy trial.
In its decision to grant bail, the Supreme Court took into consideration several key factors:
- Custody Duration: The appellant has been in custody for a significant period since September 16, 2023.
- Trial Progress: While a charge sheet has been filed, the framing of charges is still pending, and the large number of proposed prosecution witnesses suggests the trial will take considerable time to conclude.
- Co-accused on Bail: The Court noted that a co-accused in the same case, Yuvraj Mishra, has already been granted bail.
- Criminal Antecedents: It was highlighted in the rejoinder affidavit that the police have filed a closure report concerning the appellant's alleged criminal antecedents, suggesting a clean record in other matters.
Based on these considerations, the Supreme Court concluded that the appellant should be released on bail. The Court set aside the High Court's impugned judgment and directed the appellant's release, subject to terms and conditions to be imposed by the trial court.
The Supreme Court explicitly clarified that its observations in the order and the grant of bail should not be treated as findings on the merits of the case. The appellant is required to appear before the trial court on all fixed dates, unless exempted, with a warning that failure to comply or breach of bail conditions could lead to bail cancellation.
Section 120., Indian Penal Code - 1860