JITENDRA KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF TECHNICAL EDUCATION,LUCKNOW
/11841/2024 · 2025-11-19
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 182440 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182440 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11841 of 2024 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. In the prosecution case, it is alleged that the minor daughter of the informant aged about 16 years, has been enticed away by the applicant by trapping her in love relationship. It is also alleged that intimate/obscene video/photographs of the victim have been made in the mobile phone and the same have been circulated to co-accused Narendra Kumar Maurya and others. He further submits that the main accused Narendra Kumar Maurya, upon whom the main allegation was made by the victim, has been granted bail by the learned trial court, which is annexed in the supplementary affidavit. 3. Learned counsel for the applicant submits that as per the statement of the victim, recorded under Section 164 Cr.P.C, the role assigned to the applicant is of helping the co-accused person in committing the said offence. The victim has denied to undergo medico-legal examination. The case of the applicant is on a better footing than that of the co-accused Narendra Kumar Maurya, who has been assigned the main role and has been granted bail by the trial court in C.I.S No. 62 of 2023. The applicant has no criminal antecedents and is languishing in jail since 27.08.2024. 4. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Ravi Dwivedi, Ambrish Kumar Dwivedi, Iqbal Ali, Kuldeep Kaur Counsel for Opposite Party(s) : G.A. Jitendra Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education,Lucknow .....Opposite Party(s)
6.
Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail i.e. since 27.08.2024; as also the fact that the applicant has no previous criminal history; the fact that the main accused (co-accused) Narendra Kumar Maurya has been granted bail by the learned trial court; the fact that case of the applicant is on a better footing; the fact that victim has refused to undergo medico-legal examination; so also considering the statement of the victim recorded under Section 164 Cr.P.C; without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Jitendra Kumar involved in Case Crime/FIR No. 0088 of 2023, Under Sections- 354 (C), 7/8 POCSO Act, Section 3(1)(w)(i), S.C/S.T Act and Section 67 I.T Act, Police Station- Talgaon, District- Sitapur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. 9. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. 10. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 19, 2025 DiVYa BAIL No. 11841 of 2024 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench