JITENDRA KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.
/10336/2025 · 2025-12-08
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197602 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197602 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10336 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in four cases mentioned in the gang chart. In all four cases, applicant has been released on bail. The bail orders are on record as Annexure No. SA-1 of the supplementary affidavit. Apart from the cases mentioned in the gang chart, there are two cases against the applicant and in both the cases, applicant is on bail. The bail orders are on record as Annexure No. SA-2 of the supplementary affidavit.
Learned counsel for the applicant submits that the co-accused-Baldev Singh has been enlarged on bail by this Court vide order dated 03.07.2024 passed in Criminal Misc. Bail Application No. 7060 of 2024. Learned counsel for the applicant seeks parity with the order of the co-accused. It has been further submitted that applicant is in jail since 04.08.2023 and, if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. On due consideration to the bail order of co-accused/Baldev Singh; the fact Versus Counsel for Applicant(s) : Amit Kumar Counsel for Opposite Party(s) : G.A. Jitendra Kumar .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. .....Opposite Party(s)
that in the cases mentioned in the gang chart, applicant has been enlarged on bail; apart from the cases mentioned in the gang chart, there are two other cases against the applicant and in both the cases applicant is on bail and the applicant is languishing in jail since 04.08.2023, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant-Jitendra Kumar, involved in Case Crime/FIR No. 305 of 2023 under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station-Aliganj, District-Lucknow, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court 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. (iv) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.
It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 8, 2025 Vinay/- BAIL No. 10336 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench