Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18679 of 2018 Applicant :- Jitendra @ Jitu Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava,Vishnu Prakash Counsel for Opposite Party :- G.A.,Shiv Kumar
Hon'ble Siddharth,J.
Heard Sri Prakash Chandra Srivastava, learned counsel for the applicant, learned A.G.A. for the State and Sri Shiv Kumar learned counsel for the first informant.
The argument is that the F.I.R has been lodged after about one year of the alleged incident. The applicant has brought on record the marriage certificate issued by the Aligarh Arya Samaj dated 18.03.2017. The victim Durgesh Kumari married the applicant on 18.03.2017 and thereafter her marriage has taken place with another person. A counter affidavit has been filed by Sri Janardhan Prakash advocate on behalf of the informant stating that the marriage certificate is fabricated document and no such marriage took place between the applicant and the victim Durgesh Kumari.
In the First Information Report, mobile numbers have been mentioned where from the alleged messages have been sent on what's app to the husband and In-laws of the victim. The recovery of only one mobile has been made from the possession of the applicant and breaking of one sim card has been alleged. There is no explanation to whom the other mobile nos. belongs. The applicant is in jail since 04.04.2018 and has no criminal history to his credit.
Counter affidavit has been filed today, which is taken on record.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant Jitendra @ Jitu, be released on bail in Case Crime No. 200 of 2018, under sections 67, 67(A) IT Act and 4/6 of the Indecent Representation of Woman (Prohibition) Act, 1986 and under Sections 420, 292, 509, 506 I.P.C, P.S. Naujheel, District Mathura on his furnishing a personal bond with 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 :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2018 Rohit