Allowed

Amit Kumar Srivastava v. State of U.P. and 3 Others

Allahabad HC21 Dec 2022BAIL/58737/2022

Case brief

AI extract

What is this about?

Hon'ble Ajay Bhanot, J. allowed Criminal Misc. Bail Application No. 58737 of 2022. The court found merit in counsel's submissions that the applicant was falsely implicated and released him on bail with conditions to avoid tampering with evidence and influence witnesses.

What did the court decide?

Application allowed; applicant released on bail furnishing a personal bond and sureties subject to conditions not to tamper with evidence or influence witnesses.

Amit Kumar Srivastava Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58737 of 2022

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Applicant :- Amit Kumar Srivastava Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Yadavendra Dwivedi,Deepak Kumar Dubey

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Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Sessions Trial No. 632 of 2022 arising out of Case Crime No. 93 of 2021 at Police Station- Madihan, District- Mirzapur under Sections 363, 366, 376, IPC and Section 3 (2) V of S.C./S.T. Act and Section 3/4 POCSO Act. The applicant is in jail since 20.08.2022.

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The bail application of the applicant was rejected by learned Special Judge (POCSO Act)/Additional Sessions Judge, Mirzapur on 06.12.2022.

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Sri Yadavendra Dwivedi, learned counsel assisted by Sri Deepak Kumar Dubey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The victim has been shown as minor in the FIR only to implicate the applicant under the POCSO Act to ensure the indefinite imprisonment of the applicant. The applicant is in fact major. Attention is drawn to the medical report which opines that the victim is about 19 years of age. The victim and the applicant were intimate. The FIR is a result of the opposition of the victim's parents

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to the said relationship. The victim in her statement under Sections 161 Cr.P.C. and Section 164 Cr.P.C. has admitted to a relationship with the applicant and has asserted that she wishes to reside with him. No allegation of force, rape or inappropriate behaviour has been made against the applicant.

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Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case. The applicant resides in Mirzapur where he works as a teacher. The applicant is a law abiding citizen who has cooperated with the police investigation. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Markandey Singh, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Amit Kumar Srivastava be released on bail in the aforesaid case crime number on

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furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.

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(v) The applicant shall not enter in the colony in which the victim is residing. An undertaking to this effect has been given on behalf of the applicant by learned counsel for the applicant.

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In case any averment made in the bail application or the submissions during the argument are found to be false or in case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 21.12.2022 Pravin

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Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad

Amit Kumar Srivastava v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Amit Kumar Srivastava v. State of U.P. and 3 Others

Case brief

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