Special Judge Satyanarayan R. Navander held that the material presented by the prosecution – including witness statements, call records and the circumstances of Srivastav’s apprehension with co‑accused Shivkumar Gautam and Harish Kumar Kashyap – collectively indicated a role that went beyond mere acquaintance with the principal accused.
The judge noted that two confessional statements recorded under Section 18 of the Maharashtra Control of Organised Crime Act (MCOCA) linked Srivastav to the alleged conspiracy, and that his alleged assistance to the main accused after the murder satisfied the stringent bail criteria of Section 21(4) of MCOCA.
Srivastav’s defence argued that he did not take part in the shooting, was not a member of an organised‑crime syndicate, and that the confessional statements relied upon by the prosecution had been retracted. The court, however, ruled that a retraction alone does not merit exclusion of those statements at the bail stage, and that their admissibility will be examined during trial.
The bench also referred to the bail proceedings of co‑accused Akhilendra Pratap Sureshsingh, whose plea had been rejected by the Bombay High Court on April 24. The High Court had considered similar material – alleged harbouring of the assailants, a Section 18 confession, call records and Srivastav’s apprehension – and the special court said that order was not determinative of Srivastav’s case but underscored the relevance of such evidence.
On the same day, a Supreme Court bench comprising Justices J.B. Pardiwala and K. Vinod Chandran dismissed Sureshsingh’s Special Leave Petition, finding “no good ground to interfere” with the High Court’s decision and disposing of any pending applications.
Srivastav was arrested in Uttar Pradesh on November 10, 2024, along with Gautam and other co‑accused as they headed toward the Nepal border. The prosecution relies on Gautam’s and Kashyap’s confessional statements, which allege that Srivastav provided aid and harbour after the murder and participated in meetings to discuss the organised‑crime syndicate’s activities.
With bail denied, Srivastav remains in custody while the trial proceeds, where the admissibility of the confessional statements and the extent of his alleged involvement will be scrutinised.