The Allahabad High Court has granted bail to Pradeep Kumar Srivastava, who is accused of extorting money by calling himself an employee of the Uttar Pradesh Chief Minister’s Office.
A single-judge bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Srivastava. An FIR had been lodged at Police Station Qila, District Bareilly under Sections 384, 420, 170, 189, 419, 467, 468, 471 IPC.
The bail application of the applicant was rejected by the Special Judge (SC/ST Act), Bareilly on September 04, 2021. The applicant is in jail since May 22, 2021, pursuant to the said FIR.
Ajay Singh, counsel for the applicant, contended that the applicant has been falsely implicated in the case. The applicant did not make the phone call impersonating as an official of the Chief Minister’s Office. The mobile phone disclosed in the FIR does not belong to the applicant. There is no evidence to connect the applicant in regard to the extortionist demand made to the informant.
The counsel explained the criminal history of the applicant and said it has no bearing on the case.
Lastly, it was contended by the counsel for applicant 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.
The Additional Government Advocate could not satisfactorily dispute the submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application.
The Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.