Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25675 of 2021 Applicant :- Jeetu @ Jitendra Mishra Opposite Party :- State of U.P.
Counsel for Applicant :- Dr. Arun Srivastav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Exemption application is allowed.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.194 of 2021, under sections 376-D and 328 I.P.C., P.S. Tronika City, District- Ghaziabad and is in jail since 17.04.2021, is seeking enlargement on bail during the trial.
F.I.R. of the incident was lodged by the alleged victim against the present applicant and co-accused Bhoora and it was mentioned in the F.I.R. that the complainant wife of Satish Kumar was carried out by the present applicant Jeetu @ Jitendra Mishra to show plots on 06.04.2021 and it was also mentioned in the F.I.R. that present applicant gave cold drink to the victim and after taking cold drink she has become unconscious and she was raped.
Learned counsel for the applicant submitted that alleged victim is married a woman and she was consenting party; she had gone with the present applicant on his motorcycle out of her own sweet will to Tronika City; incident is alleged to have taken place on 06.04.2021 but it was reported to the police on 08.04.2021; another co-accused Bhoora has also been named in the F.I.R. but there was no allegation against him which shows the false implication of the applicant in the present case; the victim in her statement recorded under Section 161 Cr.P.C. specifically stated that in the room Bhoora, Jeetu and three other persons were present and they committed rape and accused Bhoora showed his pistol on her and she was asked not to report the matter to the police. He further submitted that alleged victim stated in her statement that all the persons committed rape but there was no injury on her person either internal or external.
He next submitted that the applicant is about 60 years and she is suffering from age related ailments and has falsely been implicated just to extort money from him as he is in business of property dealing which is evident from the statement of alleged victim recorded under Section 161 Cr.P.C.
The prayer for bail has been vehemently opposed by learned A.G.A. and Sri Shivam Singh, learned counsel for the complainant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Jeetu @ Jitendra Mishra be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 Asha