Akash Srivastava v. State of U.P. and 3 Others

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50528 of 2023 Applicant :- Akash Srivastava Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A.,Babita Upadhyay Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State, Ms. Babita Upadhyaya, learned counsel for the High Court Legal Services, Allahabad and perused the record.

¶2Learned counsel for the applicant submits that the incident is alleged to have taken place between 17.06.2023 to 28.08.2023 whereas the F.I.R. has been lodged on 19.09.2023 without there being any plausible explanation of such delay. He further submits that there is no whisper of commission of rape either in the F.I.R. or in the statement of the victim recorded under Sections 161 and 164 C.P.C. Learned counsel further submits that according to the mark sheet-cum-certificate of Secondary School Examination, 2023, the victim's age has been recorded as 04.07.2005, thus on the day of incident, the victim was major. He further submits that according to medical report, no external or internal injury was seen, thus the medical report also does not corroborate with the prosecution version. It is thus contended that the applicant has been falsely implicated in the present case Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 20.09.2023 having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶4Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶5Let applicant Akash Srivastava involved in Case Crime No.423 of 2023 under Sections 376, 354A, 354, 506 I.P.C., and Section 5/6 of POCSO Act, Police Station Shivpur, District Varanasi, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. II. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. III. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. IV. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶6Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 4.12.2023 Mustaqeem/S.Ali High Court of Judicature at Allahabad