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2025 DAILYLAW 89051 (ALL)

JITENDRA @ KALLU v. State of U.P. AND 3 OTHERS

BAIL/31859/2024 · 2025-05-22

Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87520 Reserved On:-16.05.2025 Delivered On:-23.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31859 of 2024 Applicant :- Jitendra @ Kallu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arvind Kumar Dixit Counsel for Opposite Party :- Akhilesh Kumar Singh,G.A. Hon'ble Siddharth,J. Heard Sri Arvind Kumar Dixit, learned counsel for applicant; Sri Akhilesh Kumar Singh, learned counsel informant; learned AGA for State and perused the material on record. The instant bail application has been filed on behalf of the applicant, Jitendra @ Kallu, with a prayer to release him on bail in Case Crime No. 168 of 2024, under Section- 363, 366, 342, 376, 506 of I.P.C. and 5(I)/6 of POCSO Act, Police Station- Phase 2 NOIDA, District- Central (Commissionerate Gautam Buddh Nagar). There are allegation against the applicant and co-accused that they abducted the minor daughter of informant on 22.11.2023 and took her to the place of co-accused, Mamta, at Gurugram and after keeping her in captivity committed offence of rape against her. Learned counsel for the applicant has submitted that the victim in her statement recorded under section 161 Cr.P.C., has stated that she is aged about 14 years and she alongwith her mother, two sisters and brother came to Etawah, without informing her father. She met the applicant who committed the alleged offence against her. She made similar statement against the applicant in her statement recorded under section 164 Cr.P.C. Learned counsel for the applicant has submitted that the medical report of the victim does not supports the prosecution case. She has falsely implicated applicant in this case and he is languishing in jail since 10.03.2024. Learned AGA and learned counsel for informant have vehemently opposed the bail application and they have submitted that the victim is minor. She was subjected to alleged offence by the applicant, who has criminal history of two cases. As per ossification test report of the victim, she is aged about 16 years. This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage. The bail application is accordingly, rejected. The trial court is directed to conclude the trial against the applicant as expeditiously as possible, as per section 309 Cr.P.C. (new section 346 B.N.S.S.) Registrar(Compliance) is directed to communicate this order to the concerned court below within ten days. Order Date :- 23.5.2025 Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad