Allowed

Jitendra v. State of U.P. and 3 Others

Allahabad HC14 Sept 2022BAIL/35130/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Jitendra, who was accused of forcible removal, abduction, and rape of a minor under IPC and POCSO. The court viewed the evidence and the victim's willingness to grant bail despite serious nature of charges.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount subject to conditions restricting interference with evidence and witnesses.

Jitendra Vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35130 of 2022

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Applicant :- Jitendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Awaish Khan,Gufran Ahmad Khan,Sr. Advocate Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for enticing the daughter of the informant and committing rape with her. Further submitted that the victim was major at the time of alleged incident and was in love affair with the applicant, for that reason she went with him to Delhi and lived there together where physical relations were also established between them with her consent. It is also submitted that the victim has made contradictory statement before the I.O. under Section 161 Cr.P.C. and the Magistrate under section 164 Cr.P.C. In the statement recorded by I.O. the victim has stated clearly that she was in the love affair with the applicant and went with him to Budaun on motorcycle then to Delhi by bus where they lived in a rented room as husband and wife. In this way both of them were consenting party and no offence is made out against the applicant. There is no criminal history against the applicant. He is languishing in jail since 25.02.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties as well as the age of the victim and her willingness and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Jitendra involved in Case Crime No. 73 of 2022, under Sections 363, 366, 376 I.P.C., Section 3/4 of Protection of Children from Sexual Offences Act and 3(2)5Ka of S.C./S.T. Act, P.S. Dataganj, District-Budaun be released on

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bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 14.9.2022 Sunil Kr. Gupta

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Digitally signed by SUNIL KUMAR GUPTA Date: 2022.09.15 16:13:28 IST Reason: Location: High Court of Judicature at Allahabad

Jitendra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Jitendra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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