Allahabad High Court
AJAY SRIVASTAVAversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The High Court granted bail to the applicant subject to prescribed conditions.
Summary
The applicant, Ajay Srivastava, was arrested in connection with a case (Crime No. 90 of 2023) alleging offences under Sections 363, 366 and 368 of the Indian Penal Code. He contended that the FIR was lodged five days after the alleged incident, that the victim's statements under Sections 161 and 164 of the CrPC did not implicate him, and that he had been falsely implicated. The State opposed bail, acknowledging that the applicant was a primary accused but noting his lack of prior criminal record. The Court, noting the applicant's prolonged detention, the absence of criminal antecedents, and that co‑accused in similar circumstances had already been released on bail, decided to grant bail without delving into the merits of the case. Bail was conditioned on personal bond, two sureties, and compliance with standard conditions such as non‑tampering with evidence and regular court appearances. The order directed the trial court to effect the release through the Bail Order Management System.
Issues considered
- Whether bail should be granted to the accused given the nature of the offences and the claim of false implication
- Whether the applicant's lack of criminal antecedents and the bail granted to co‑accused warrant his release
Legislation cited
- Code of Criminal Procedure, 1973 — s. 161, 164
- Indian Penal Code — s. 363, 366, 368
Subjects
- bail
- Indian Penal Code
- Criminal Procedure Code
- false implication
- sureties
- high court
- trial pending
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15412 of 2026
Ajay Srivastava
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vidya Dhar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 90 of 2023, under Sections 363, 366,
368 of I.P.C., Police Station- Khuthan, District- Jaunpur, during the
pendency of the trial.
3. The learned counsel for the applicant contends that the applicant has
been falsely implicated in the present case. Learned counsel further
contends that the First Information Report (FIR) was lodged after five
days of the occurrence, on 25.04.2023, against unknown persons, by
mentioning a mobile number on which the victim used to talk with some
unknown person. The statement of the victim recorded under Section 161
and 164 Cr.P.C. does not indicate any sexual assault made by the
applicant on the victim. The daughter of the informant was said to have
been abducted for the purposes of marriage with the applicant. The
applicant is a married man and his wife, Gudiya, is also accused in the
present case, who has been granted bail by this Court in Bail Application
No.28318 of 2024. Another accused, Rajendra Kumar Saxena alias Pappu
Saxena has been granted bail by this Court in Bail Application No.25320
of 2024. The case of the applicant stands on a similar footing. The
applicant is in jail since 12.07.2023. The trial is in progress and statement
of PW-1 and PW-2 have been recorded. The statement of the victim has
not yet been recorded. The trial is not likely to conclude in the near future.
The applicant has no criminal antecedents.
BAIL No. 15412 of 2026
2
4. The learned A.G.A. has opposed the prayer for bail and has contended
that the applicant is one of the primary accused in the present case,
however could not dispute the fact that the applicant has no criminal
antecedents.
5. I have considered the submissions made by the learned counsel for the
parties.
6. Without expressing any opinion on the merits of the case, taking into
account the period of detention of the applicant as well as the fact that the
similarly situated coaccused have been granted bail by this Court, I deem
it appropriate to grant bail to the applicant.
7. Let the applicant – Ajay Srivastava, involved in the aforementioned
crime be released on bail, on his furnishing a personal bond and two
sureties each in the like amount, to the satisfaction of the Court
concerned, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial Court, unless his personal appearance is exempted by the Court
concerned.
8. In the event of breach of any of the aforesaid conditions, the Court
below will be at liberty to proceed to cancel his/her bail.
9. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
10. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
(Rajiv Lochan Shukla,J.)
May 6, 2026
Kushal
Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad
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