Allowed

Jitendra Kumar Patel v. State of U.P.

Allahabad HC19 May 2023BAIL/60010/2022

Case brief

AI extract

What is this about?

Single judge allowed bail in a rape and cyber-forensics case. The court noted the accused was in jail since September 2022 and admitted to an illicit relationship with the adult, married victim, dispensing with a detailed examination of the case merits for the bail decision.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties in the like amount subject to standard conditions.

Jitendra Kumar Patel Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:111057

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 60010 of 2022

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Applicant :- Jitendra Kumar Patel Opposite Party :- State of U.P. Counsel for Applicant :- Dev Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Dev Prakash Singh, learned counsel for the applicant and Sri V.K. Agnihotri, learned brief holder for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 135 of 2022, under sections 452, 376, 354C, 506, 34 I.P.C. and section 67 Information Technology Act, 2000, P.S. Pahadi, district-Chitrakoot during pendency of the trial in the court below.

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FIR of the present case was lodged on 27.9.2022 against applicant and three others and according to FIR on 17.9.2022 in the night when informant was in house, then the applicant committed rape with her and thereafter other accused persons prepared her indecent photographs and thereafter co-accused Monu Singh sent the indecent photographs of the victim on the mobile phone of other persons.

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Learned counsel for the applicant submits that entire allegation made against the applicant is totally false and baseless. Admittedly informant is a married lady and applicant is having illicit relationship with her and other co-accused person any how prepared the clip of applicant and victim and sent the aforesaid clip to the mobile phone of other villagers and thereafter husband of the informant made inquiry and on his instigation the victim, i.e. informant of the case lodged FIR against applicant and three others after ten days of the incident, i.e. 27.9.2022.

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He further submits that applicant is not having any previous criminal history and he is in jail in the present matter since 30.9.2022, therefore, he may be released on bail.

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Per contra, learned AGA opposed the prayer for bail and submitted that victim in the FIR, as well as in her both statements

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recorded under sections 161 and 164 Cr.P.C. made allegation of rape against the applicant but could not dispute the fact that victim is a married lady and it is not the case of the victim that applicant prepared her indecent photographs and admittedly as per prosecution the photographs were prepared by other accused persons.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, allegation of rape was made by the victim against the applicant in her both statements recorded under sections 161 and 164 Cr.P.C. and in the FIR also she made allegation of rape against the applicant but victim is major and a married lady and defence taken by the applicant that he was having illicit relationship with the victim cannot be brushed at side at this stage.

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Therefore, from the discussions made above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant-Jitendra Kumar Patel be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the

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merits of the case during trial.

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Order Date :- 19.5.2023 Faridul

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Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Jitendra Kumar Patel v. State of U.P.

Case brief

What is this about?

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Jitendra Kumar Patel v. State of U.P.

Case brief

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What did the court decide?

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