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2025 DAILYLAW 60424 (ALL)

AMIT SRIVAS v. STATE OF U.P.

BAIL/17296/2025 · 2025-07-08

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108451 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17296 of 2025 Applicant :- Amit Srivas Opposite Party :- State of U.P. Counsel for Applicant :- Raja Ram Kushwaha Counsel for Opposite Party :- G.A.,Rajesh Kumar Yadav,Ranjana Yadav Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sandeep Mishra, Advocate holding brief of Sri Raja Ram Kushwaha, learned counsel for the applicant, Sri Rajesh Kumar Yadav, learned counsel for the first informant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. The Vakalatnama of Sri Rajesh Kumar Yadav, learned counsel for the first informant is not on record. Office to trace out the same and place it on record and make a note in the order-sheet. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Amit Srivas, seeking enlargement on bail during trial in connection with Case Crime No. 653 of 2024, under Sections 333, 351(3), 65 B.N.S. and Section 67 I.T. Act, Police Station Mauranipur, District Jhansi. 5. The first information report of the present matter was lodged on 15.12.2024 by the victim against the applicant and 06 other persons alleging therein that the incident is of 02.10.2024 wherein at about 12 pm she was alone in the house. Her parents had gone to the fields on which the applicant Amit Srivas came inside and by extending threat with country-made pistol disrobed her and enraged her modesty and made a video of it. On the basis of the said video he was forcing her to marry him. On 09.10.2024 her marriage was fixed with some other boy on which the accused Amit Srivas went to the house of the said boy and showed them the indecent photo of the informant due to which the said relationship broke. She then went to the house of Amit to make a complaint wherein the accused persons abused her. Amit Srivas has spoiled her life and is not getting her marriage settled. He is blackmailing her every-time and forcing her to accept his demands. A report be lodged and action be taken. 6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim was taken to the hospital but she refused her medical examination, paragraph 11 of the affidavit has been placed before the Court. While placing paragraph 12 of the affidavit it is submitted that the entire version of the first information report is totally false and incorrect and the victim has improved the prosecution version in her statement recorded under Section 180 B.N.S.S. during investigation and has stated that the applicant took photographs of her bare chest and also inserted finger in her private parts. It is submitted that the entire prosecution story is a cooked story. While placing paragraph 16 of the affidavit it is submitted that there is no material found in the entire case diary regarding blackmailing of video and any photo of the victim being viral and as such no offence under the I.T. Act is made out against the applicant. The applicant has no criminal history as stated in para 18 and is in jail since 15.12.2024. 7. Per contra, learned counsel for the State vehemently opposed the prayer for bail. Learned counsel while placing reliance of his compliance affidavit dated 04.06.2025 which is already on record submitted that the nude photos of the victim were recovered from the phone of the applicant which are part of the case-diary. It is further submitted that Bhanu Pratap Kushwaha has given print out of the screenshot of Instagram account of the applicant on which the nude photo of the victim was uploaded which was subsequently deleted, paragraph 3 and Annexure-1 to 3 of the said compliance affidavit has been placed before the Court. It is submitted that as such the applicant is involved in the matter and his involvement is also stated by the victim in her statements recorded during investigation. 8. Learned counsel for the first informant also reiterates the arguments of learned counsel for the State. 9. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report. He is also named in the statements of the victim recorded during investigation. The indecent and nude photographs of the victim have been recovered in the mobile phone of the applicant. He has also launched the said photographs on social media which was subsequently deleted but was seen by other persons. His mobile and the screenshot of the said photographs are part of the case-diary. No ground for bail is made out. 10. Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected. 11. Pending application (s), if any, shall stand disposed of. Order Date :- 9.7.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad