Ajay Srivastava vs State Of U.P.

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.

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