PRABHAKAR SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD , the learned counsel for the applicant the learned AGA for the State and perused the record.

(2.) THE present bail application has been moved by the applicant Prabhakar Srivastava in case crime no. 12 of 2010, under Section 384 and 420 I.P.C., P.S. Adampur, district Varanasi with a prayer that he may be admitted to bail. According to the first information report lodged on 9.1.2010 by Sub Inspector Arvind Singh Sisodia it is alleged that the applicant along with one Kausar Khan have demanded a sum of Rs. 1, 20, 000/- in view of handing over the original high school certificate and on account of refusal the applicant was arrested along with Bolero vehicle in which he along with other persons were found and on search a photocpy of the high school certificate from the possession of the applicant and various mobile phones were recovered. It is also contended by the learned counsel for the applicant, that the applicant is a journalist and the mobile phones belong to the applicant. It is also stated that there is no complaint at the instance of person of whom the said mark sheet belonged and the allegation of demanding money in lieu of mark sheet is false and concocted. It is also contended that the Sub Inspector has demanded the Bolero Car from the applicant for his personal use and on account of refusal by the applicant the present first information report has been lodged with frivolous allegation. The applicant has no criminal history. He has been falsely implicated in the present case. He is in jail since 9.1.2010. Considering the facts and circumstances of the case and submission made by the learned counsel for the applicant and without expressing any opinion of the merits of the case, the applicant is entitled to be released on bail.