Anuj Kumar Srivastava vs The State Of U.P.
2013 Latest Caselaw 2369 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 2712 of 2013
 

 
Petitioner :- Anuj Kumar Srivastava
 
Respondent :- The State Of U.P.
 
Petitioner Counsel :- Atul Verma,Hari Krishna Verma
 
Respondent Counsel :- Govt.Advocate,Ram Kewal Tripathi
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. , Sri Ram Kewal Tripathi, learned counsel for the respondent and perused the record.

It is contended by learned counsel for the applicant  that the FIR of this case has been lodged under section 376, 306 IPC, on the basis of suicide-note  of the prosecutrix. Subsequently it has been found that the prosecutrix has not committed suicide, she has been recovered and her statement under sections 161, 164 r.P.C. has been recorded, she was having the lover affairs with the applicant. She had sent many letters to the applicant. The same have been handed over to the I.O.. But at later stage she changed her mind and made the allegation against the applicant and other  co-accused that  they forcibly kidnapped her, she was taken to the house of co-accused Alok, she was raped by  some person in the house of the co-accused Alok but she could not identify that person. She was told by the police not to say anything against the applicant. The   co-accused Alok whose case is based on the same footing with the case of the applicant has been released on bail by the another bench of this court on 9.5.2013 in Crl. Misc. Bail Application No. 2213 of 2013. Therefore, the applicant may also be released on bail.

In reply of the above contention, it is submitted by learned A.G.A. that the allegation has been made against the applicant and other co-accused. The applicant has committed the rape by posing himself to be Alok Kumar Srivastava.

In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

Let the applicant   Anuj Kumar Srivastava involved in case crime No. 22 of 2013 under sections 363, 366, 376, 342,  323, 506 I.P.C., P.S. Kotwali Nagar, District Gonda be released on bail on his furnishing personal bond and two heavy sureties to the satisfaction of the court concerned with the followings conditions:

*That the applicant shall not tamper with the evidence.

**That he shall report to the court of C.J.M. concerned in the first week of the each  month to show his good conduct and behaviour till the conclusion of the trial.

In case of default in any of the above mentioned conditions, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.

Order Date :- 20.5.2013

RPD