Allowed

Manoj Jatav v. State of U.P.

Allahabad HC3 Mar 2023BAIL/3489/2023

Case brief

AI extract

What is this about?

High Court Court No. 92 allowed bail application filed by Manoj Jatav. Court noted significant contradictions in victim statements recorded under Sections 161 and 164 Cr.P.C. and deemed it a fit case for bail despite gravity of charges including rape.

What did the court decide?

Applicant released on bail furnishing personal bond and two sureties subject to specific conditions of conduct and attendance.

Manoj Jatav Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3489 of 2023

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Applicant :- Manoj Jatav Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

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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 the applicant is innocent and has been falsely implicated in the present case. The first information report was lodged by the victim herself but no allegation of rape has been levelled against the applicant. The first information report was lodged under Sections 379 and 354 I.P.C. The statement of the victim was recorded under Section 161 Cr.P.C. in which also, there was no allegation of rape against the applicant. The statement of victim was recorded under Section 164 Cr.P.C. in which for the very first time, she has levelled the allegation of rape against the applicant. The age of the victim is 32 years as per medical report. It is further submitted that there is severe contradictions in the statements of victim recorded under Section 161 and 164 Cr.P.C. Lastly, it is submitted that the victim is major and is consenting party, hence, no offence is made out against the applicant. The applicant has explained his criminal history in para 3 of the supplementary affidavit filed today. There is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 13.06.2022.

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Learned A.G.A. for the State vehemently opposed the prayer of bail. However, he does not dispute the aforesaid facts.

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Considering the submissions of learned counsel for the parties, from perusal of the record and considering the fact that there is sever contradictions in the statements of victim recorded under Sections 161 and 164 Cr.P.C., complicity of accused, severity of punishment as well as totality of facts and circumstances, at this

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stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed .

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Let the applicant Manoj Jatav be released on bail in Case Crime No. 210 of 2022, under Sections 379, 354, 411, 342, 376 I.P.C., registered at Police Station Friends Colony, District Etawah, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, subject to the following conditions:

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim / complainant in any manner whatsoever.

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(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activity.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 3.3.2023 sailesh

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Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad

Manoj Jatav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manoj Jatav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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