Allowed

Nitendra @ Neetu v. State of U.P.

Allahabad HC11 Jun 2021BAIL/20167/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application for an accused charged with kidnapping, sexual intercourse with a woman under fourteen, and criminal intimidation. The court relied on the prosecutrix's statement disowning the incident and granted bail subject to conditions regarding tampering and attendance.

What did the court decide?

Bail granted on personal bond and two sureties subject to conditions against tampering, intimidation, and criminal activity.

Nitendra @ Neetu Vs State of U.P. — Quashing and FIR | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20167 of 2021

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Applicant :- Nitendra @ Neetu Opposite Party :- State of U.P. Counsel for Applicant :- Jadu Nandan Yadav,Pushpendra Singh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Both the sides have been heard virtually.

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Learned counsel for the applicant claims that in this case, the age of the prosecutrix itself verifies fact that the applicant is absolutely innocent. She is 21 years of age and in her statement recorded under Section - 164 Cr.P.C., she has disowned any incident of having been caused by the accused and she has also denied any such involvement of any person and her statement indicates that whatever was done was done out of free-will without any coercion or pressure exercised by anyone. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 04.02.2021.

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Learned A.G.A. has opposed prayer for bail.

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let the applicant - Nitendra @ Neetu involved in Case Crime No. 25 of 2021, under Sections - 364, 506 and 376D I.P.C., Police Station - Aliganj, District - Etah be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The computer generated copy of such order shall be self attested by counsel of the party concerned.

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The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 11.6.2021 S Rawat

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Digitally signed by Justice Arvind Kumar Mishra Date: 2021.06.11 17:04:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Nitendra @ Neetu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nitendra @ Neetu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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