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Neutral Citation No. - 2025:AHC:72823 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5536 of 2025 Applicant :- Jitendra And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Himanshu Mishra Counsel for Opposite Party :- G.A.,Pankaj Sharma,Shiv Murti Kushwaha Hon'ble Sameer Jain,J.
1. Heard Sri Himanshu Mishra, learned counsel for the applicants, Sri Shiv Murti Kushwaha, learned counsel for the informant and Sri Manoj Kumar Singh, learned brief holder for the State- respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 308 of 2024, under Sections 191(2), 190, 103(1), 115(2), 351(2), 117(2) BNS, Police Station- Jamuna Par District- Mathura during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that on the basis of general, false and omnibus allegation, applicants have been made accused in the present matter along with others including co- accused Sahdev and after considering entire facts of the case in detail, co-accused Sahdev has been released on bail by this Court vide order dated 23.04.2025 passed in Criminal Misc. Bail Application No. 4620 of 2025 and on facts, case of applicants is at par with him. 4. He further submitted that applicants are not having any criminal history and they are in jail in the present matter since November, 2024 i.e. for last more than five months. 5. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicants and the fact that similarly placed co-accused Sahdev has already been released on bail by this Court and applicants are not having any criminal history and they are in jail in the present matter for last more than five months, in my view applicants are entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9.
Let the applicants- Jitendra, Rajpal, Najuk@ Naresh and Bhola 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 the court concerned with the following conditions:- (i) The applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity.
10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 6.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad