In a criminal bail application, the applicant prayer was granted. The court noted discrepancies in the FIR delay and the victim's admission of innocence, finding the applicant a fit case for bail.
A release on bail to the applicant on furnishing a personal bond and two reliable sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26358 of 2019
Applicant :- Jitendra @ Jitu Ahirwar Opposite Party :- State Of U.P. Counsel for Applicant :- Nihar Ranjan Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Vakalatnam filed today by Sri Atul Kumar Tiwari, Advocate on behalf of informant, is taken on record.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 207 of 2019, under Sections 376, 506 I.P.C. 67 I.T. Act, 2008, Police Station-Sipri Bazar, DistrictJhansi.
As per prosecution version, applicant enticed and took away the prosecuterix and committed rape on her.
Learned counsel for the applicant contended that as per FIR occurrence had taken place on 15.12.2018 but FIR has been lodged on 15.05.2019. No plausible explanation has been given regarding the delay occurred in lodging the F.I.R. Prosecuterix in her statement under section 164 Cr.P.C. admitted that her age is about 18 years. She further admitted that some other person has committed rape on her. Applicant Jitendra @ Jitu Ahirwar has not committed rape on her. Accordingly, no offence has been made out against the applicant.
Learned counsel for the informant/opposite party no. 2 does not opposed the bail application and submitted to release the applicant on bail.
Learned A.G.A., has opposed the prayer for bail application, however he admitted this fact that prosecuterix in her statement under section 164 Cr.P.C. admitted that applicant has not committed rape on her.
Without commenting any opinion on the merits of the case, considering the facts and circumstances of the case, I find it a
fit case for enlarging the applicant on bail.
Let the applicant- Jitendra @ Jitu Ahirwar , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 3.7.2019 Swati
2 issues framed by the court
Whether the applicant is eligable for bail given the prosecution version and the victim's statement.
Whether a bail bond and sureties would satisfy the court for enlarging the applicant.
3 provisions across 3 enactments
Jitendra @ Jitu Ahirwar
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
