JITENDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned Additional Government Advocate for the State.

(2.) It has been contended on behalf of the applicant that the victim is a major. The applicant has been in jail since 09.03.2015. The report of the alleged incident dated 29.09.2014 has been lodged on 06.03.2014 after an inordinate delay and after consultation. The medical evidence does not support the prosecution version. The statement of the victim was recorded in the court. There is contradiction in the prosecution case as put -forth in the court and during investigation.

(3.) Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. Hence, the applicant is entitled to bail. Learned AGA has opposed the prayer for bail. Having regard to the submissions made on behalf of the applicant, without expressing any opinion on the merits of the case, considering the nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.