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2025 DAILYLAW 175050 (ALL)

JITENDRA KUMAR TIWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. HOME LKO.

BAIL/10768/2025 · 2025-11-07

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10768 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the records. The instant application has been filed seeking release of the applicant on bail in Case Crime No.88 of 2024, under Sections 419, 420, 467, 468, 471, 406, 504, 506 I.P.C., registered at Police Station Ramganj, District Amethi. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.08.2024 against ten persons, including the applicant on the basis of an application under Section 156 (3) Cr.P.C. stating that under allurement of getting informant and some other persons employed the accused persons extracted money from them. The applicant is alleged to have received Rs.1,50,000/- cash by one of the prosecution witness Draupadi Gautam on the pretext of providing joining letter to her, however no amount has been received by the applicant in his bank account. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in three other cases has been disclosed in para 16 of the affidavit. Versus Counsel for Applicant(s) : Nadeem Murtaza, Bhupendra Singh Bisht, Sachidanand Mishra, Yash Pandey Counsel for Opposite Party(s): G.A. Jitendra Kumar Tiwari .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. .....Opposite Party(s) Learned counsel for the applicant submits that the co-accused Santosh Pandey @ Sanjay Mishra @ Manoj @ Rajiv Bhatia has already been granted bail by a Coordinate Bench of this Court vide order dated 08.08.2025, passed in Bail Application No. 7377 of 2025. The applicant, therefore, claims parity with the said bail order. It is further submitted that the alleged amount was received in the bank account of co-accused Santosh Pandey, whereas no amount has been received in the account of the present applicant. Hence, it is contended that the case of the applicant stands on a better footing than that of the co-accused Santosh Pandey, who had received a total amount of ₹1,50,000/- in his bank account. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted. Having considered the aforesaid facts and circumstances of the case, the bail order of the co-accused Santosh Pandey, the role assigned to the applicant, and the fact that prima facie it does not appear that any amount was received in the account of the applicant, as well as noting that the offence is triable by a Magistrate, and keeping in view that the applicant has been languishing in jail since 09.06.2025, that he has explained the criminal history of three cases in paragraph 16 of the bail application, and that the investigation has already been concluded while the trial is yet to commence, this Court, without making any observation on the merits of the case, is of the view that the aforesaid facts and circumstances are sufficient to make out a case for enlarging the applicant on bail in the aforesaid crime. Accordingly, this bail application stands allowed on the ground of parity. Let the applicant- Jitendra Kumar Tiwari be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court BAIL No. 10768 of 2025 2 concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. November 7, 2025 Madhu D.R/P.S BAIL No. 10768 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench