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2025 DAILYLAW 24266 (ALL)

JEETU v. STATE OF U.P. AND 3 OTHERS

BAIL/7675/2025 · 2025-08-13

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:139313 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7675 of 2025 Applicant :- Jeetu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ayush Dwivedi,Brijesh Kumar Pal Counsel for Opposite Party :- G.A.,Kirtiman Singh,Satyendra Singh Hon'ble Jitendra Kumar Sinha,J. 1. Supplementary affidavit has been filed on behalf of applicant, which is taken on record. 2. Heard Mr. Brijesh Kumar Pal, learned counsel for applicant, Mr. Injmam-Ul-Haq, Advocate holding brief of Mr. Kirtiman Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record. 3. This bail application has been preferred by the accused- applicant/Jeetu who is involved in Case Crime No.- 519 of 2024, under Sections 61(1), 137(2) BNS & 3/4 POCSO Act, P.S.- Etmaddulla, District- Agra. 4. It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the victim has not supported the prosecution case in her cross- examination before the court and he also submits that the applicant has criminal history of one case, which has been explained in supplementary affidavit. Lastly, learned counsel for the applicant submitted that in case applicant is released on bail, he will not misuse the liberty of bail. The applicant is languishing in jail since 02.01.2025. 5. Per contra, learned AGA has opposed the prayer for grant of bail and submitted that the victim in her statement has supported the prosecution case in her statement under Sections 161 and 164 Cr.P.C. Similar argument has been made by the learned counsel for the informant. 5. As per the first information report there is allegation against the applicant that he committed rape on the victim, who is daughter of the informant on 30.12.2024. It is further alleged that the victim and the applicant were known to each other for the last 3 to 4 months before the incident and the applicant had taken victim on his scooty to a hotel where he committed rape on her. The victim in her cross-examination before the learned trial court, copy of which is on record, has not supported the prosecution case. 6. Considering the submissions of learned counsel for the parties, period of detention, stage of trial and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused- Jeetu involved in aforesaid crime be released on 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:- (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 14.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad