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2023 DAILYLAW 2942 (ALL)

JITENDRA @ JEETU @ JEETA v. STATE OF U.P.

BAIL/30759/2023 · 2026-03-17

Yogesh Dubey Joint Registrar Judicial

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30759 of 2023 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Mohammad Faisal Khan, learned counsel for the applicant, Shri J.P. Singh, learned AGA for the State and perused the record. 2. The present bail application has been filed by the applicant-accused in case crime No.222 of 2021, under Sections 302, 201, 404 of IPC, Police station Mansoorpur, District Muzaffar Nagar, with the prayer to enlarge the applicants-accused on bail. 3. This is the second bail application of the applicant. The first bail application of the applicant was dismissed for want of prosecution by the Co-ordinate Bench of this Court vide order dated 21.03.2023. 4. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that co-accused Arun has already been granted bail by the Co- ordinate Bench of this Court vide order dated 16.05.2025 passed in Criminal Misc. Bail Application No.13461 of 2024 and the role of the applicant is not distinguishable from the role of the co-accused. It is further submitted that before the trial Court, three prosecution witnesses have been examined till date and non bailable warrant has been issued for production of PW-4. It is also submitted that the applicant has no criminal history. Lastly, it was stated that applicant is languishing in jail since 29.08.2021 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 5. Learned A.G.A. has opposed the bail application . Versus Counsel for Applicant(s) : Mohammad Faisal Khan Counsel for Opposite Party(s) : G.A., Lokesh Kumar Jitendra @ Jeetu @ Jeeta .....Applicant(s) State of U.P. .....Opposite Party(s) 6. The case is based on the circumstantial evidence and the applicant along with co-accused Arun are said to have taken away the deceased from his house and thereafter, the dead body of the deceased was recovered from the bushes and during course of investigation, the motorcycle belonging to the deceased was recovered from the joint possession of the applicant and co- accused Arun. 7. Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 8. Let the applicant- Jitendra @ Jeetu @ Jeeta involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. March 18, 2026 RKM BAIL No. 30759 of 2023 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad