The Allahabad High Court recently comprising of a bench of Justice Ajay Bhanot allowed bail application of Pradeep Kumar Srivastava who was accused of making extortion phone calls impersonating himself as an official of the Chief Minister.(Pradeep Kumar Srivastava v. State of U.P.)
Fact of the case
A first information report was lodged as under Sections 384, 420, 170, 189, 419, 467, 468, 471 IPC. The bail application of the applicant was rejected by learned Special Judge (SC/ST Act), Bareilly.
The applicant is in jail since 22.05.2021, pursuant to the said F.I.R. Therefore the present bail application was filed.
Contention of the Parties
Learned counsel for the applicant contended that the applicant has been falsely implicated in the instant case. The applicant did not make the phone call in impersonating as an official of the Hon'ble Chief Minister. The mobile phone disclosed in the F.I.R. does not belong to the applicant. There is no evidence to connect the applicant in regard to the extortionist demand made to the informant.
Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case.
Lastly, it was contended that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Courts Observation and Judgment
The bench taking note of the submissions of the Parties granted bail to the accused and noted, "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. 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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