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2020 DIGILAW 372 (ALL)

Jeetu v. State of U. P.

2020-02-04

RAJENDRA KUMAR IV

body2020
JUDGMENT : 1. Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record. 2. Accused-applicant, involved in Case Crime No. 358 of 2019, under Sections 363 and 366 IPC and Section 7/8 POCSO Act, Police Station Bewar, District Mainpuri applied for bail. 3. Learned counsel for the applicant submits in the following manner that :- Applicant has been falsely implicated in the present case due to ulterior motive and he has committed no offence. In statement under Section 164 Cr.P.C. victim states that she went to Delhi with Jeetu as per her own free will. Both of them like to each other. She has not levelled any allegation against the accused-applicant. Further states that victim is consenting party. Accused-applicant is languishing in Jail since 7.11.2019 having no criminal history. If accused-applicant is enlarged on bail, he shall not misuse its liberty. 4. Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submission made by learned counsel for applicant. 5. Considering the facts and circumstances of the case, rival contentions of learned counsel for the parties, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail. 6. Accordingly, bail application is allowed. 7. Let applicant-Jeetu be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the Court concerned subject to the following conditions:- 1. The applicant shall not tamper with the evidence or threaten the witnesses. 2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument. 3. During trial, applicant shall not indulge in any criminal activities or case. 8. In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.