Allahabad High Court
Mohit Srivastava @ Alok Srivastava vs State Of U.P. And Another on 20 January, 2021
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2751 of 2021 Applicant :- Mohit Srivastava @ Alok Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shad Khan,Rajesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Rajesh Yadav, learned counsel for the applicant, learned AGA for the State and perused the material on record.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. The first information report was lodged against three accused-persons with general allegations and there was no allegation of rape levelled against the applicant. The statements of victim were recorded under sections 161 and 164 Cr.P.C. in which the specific allegation of rape has been levelled against co-accused Vakil Khan and there was no allegation of rape against applicant. It is further submitted that from the statements recorded under sections 161 and 164 Cr.P.C. of the victim, no offence under section 376-D IPC is made out against the applicant. There is no possibility of applicant of fleeing away from the judicial process or tampering with the witnesses. He next submits that the applicant is in jail since 25.10.2020 and if released on bail, he will not misuse the liberty of bail. The applicant has no criminal history, as mentioned in para 17 of the affidavit filed in support of bail application.
Learned AGA for the State vehemently opposed the prayer of bail.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant-Mohit Srivastava @ Alok Srivastava be released on bail in Case Crime No.273 of 2020, under Sections 363, 366, 376-D, 506 IPC and 5/6 POCSO Act and 3(2)(5) & 3(1)(W), (1) S.C./S.T. Act, registered at P.S. Shohratgarh, District Siddharth Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 20.1.2021 Tamang