Allowed

Sachin Shrivastava v. State of U.P. Thru. Addl. Chief Secy., Home, Deptt., Lucknow

Allahabad HC13 Mar 2024BAIL/2787/2024

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. The court noted variances between the FIR and victim's statements, the victim's refusal for medical examination, and the applicant's clean record, finding him entitled to release on bail with standard conditions.

What did the court decide?

Bail allowed on furnishing personal bonds and two reliable sureties of Rs.20,000/- each, subject to conditions against committing similar offences, tampering with evidence, and harassing the victim.

Sachin Shrivastava vs State of U.P. Thru. Addl. Chief… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:21949

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2787 of 2024

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Applicant :- Sachin Shrivastava Opposite Party :- State Of U.P. Thru. Addl. Chief Secy., Home, Deptt., Lucknow Counsel for Applicant :- Deepak Kumar Singh,Vivek Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and Sri Manoj Kumar Singh, who has filed Vakalatnama on behalf of the informant and perused the record. The vakalatnama is taken on record.

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2 . The applicant seeks enlargement on bail in FIR No.512 of 2023, under Sections 376, 354 Ka, 323, 504, 506 IPC, Police Station Fakharpur, District Bahraich.

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3 . In terms of the FIR, which was initially lodged alleging the offence of Section 354-A of IPC, it was alleged that on 27.10.2023 at about 9:00 PM, the applicant came to the house of the victim and misbehaved with her and touched her inappropriately and also torn her cloths and tried to commission of rape, however, he could not succeed in doing so. In the statement under Section 161 of Cr.P.C., the victim changed her version and stated that physical relations were formed against her will. A similar statement was recorded under Section 164 of Cr.P.C.

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4 . The Counsel for the applicant draws my attention to the medical report on record, wherein, the victim has refused to undergo medico legal examination and was referred for assessment of external injuries allegedly sustained by the victim. The external examination was carried out and complain of pain on the shoulder and lower back area and thigh were recorded. The injuries were observed as simple in nature.

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5 . He further argues that apart from two statements recorded under Sections 161 and 164 of Cr.P.C., the refusal of medical clearly demonstrates that the false version was given in both the statements. He further argues that both the statements are at variance with the FIR allegations, which itself was lodged after

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about three days of the alleged incident. The applicant is in custody since 01.11.2023 and has no criminal antecedents.

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6. Learned A.G.A. and learned Counsel for the complainant vehemently opposed the bail prayer. The Counsel for the informant argues that the informant be extended threat if the applicant is enlarged on bail and may be put to term accordingly.

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7. Considering the submissions made at the bar, prima facie , the statements are at variance with with the allegations in the FIR; the victim refusing to undergo medical examination; the tentative age of the is around 30 years coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 01.11.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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8. Let the applicant Sachin Shrivastava be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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

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(d) In case, the applicant after released tries to harass or call the victim or her husband, that would be an additional ground to the victim to file a bail cancellation application.

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Order Date :- 13.3.2024 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Sachin Shrivastava v. State of U.P. Thru. Addl. Chief Secy., Home, Deptt., Lucknow

Case brief

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Sachin Shrivastava v. State of U.P. Thru. Addl. Chief Secy., Home, Deptt., Lucknow

Case brief

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What did the court decide?

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