Allowed

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

Allahabad HC11 Nov 2022BAIL/39510/2022

Case brief

AI extract

What is this about?

The High Court criminal miscellaneous bail application of Jitendra Kumar in a POCSO/IPC case was decided on merits. The court, noting lack of injury on the victim and absence of evidence suggesting abduction, granted bail subject to conditions.

What did the court decide?

Released on bail on executing a personal bond and furnishing two sureties each subject to conditions of attending trial, not tampering with witnesses, and not indulging in illegal activities.

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

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39510 of 2022

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Applicant :- Jitendra Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ali Qambar Zaidi Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,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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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0003 of 2022 dated 26.02.2022, under Section 363 of IPC and later added Sections 366, 376 of IPC and Sections 3, 4 POCSO Act, P.S. GRP Bhimsen, District Kanpur Nagar.

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As per medical examination report, age of the victim is 17 years. As per statement of the witness under Section 164 Cr.P.C. no allegation of rape has been leveled against the applicant. As medical examination report there is no internal and external injury on the body of the person. As such offence under Section 376 IPC is not made out against the applicant. He further submits that there is no evidence on record which could suggest that the accused applicant abducted or kidnapped the victim. The victim was not even recovered from the company of the accused applicant and there is no witness, who saw the applicant taking away the victim from the custody of her family. The applicant is languishing in jail since 10.03.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.

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In view of the above, let the applicant Jitendra Kumar, 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 with the following conditions :-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 11.11.2022 Neetu

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Digitally signed by NEETU SINGH Date: 2022.11.17 17:12:46 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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