Neutral Citation No. - 2025:AHC:73273 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9459 of 2025 Applicant :- Jitesh Opposite Party :- State of U.P. Counsel for Applicant :- Mahabir Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard leaned counsel for the applicant-accused, learned A.G.A. for the State and perused the record. 2. The present third bail application has been filed by the applicant-accused in Case Crime No. 543 of 2019, under Sections - 364-A, 302, 201 I.P.C., Police Station - Highway, District - Mathura with the prayer to enlarge the applicant-accused on bail. 3. The second bail application of applicant was rejected by this Court vide order dated 01.02.2024, which is reproduced as under :- "1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material brought on record. 2. The present second bail application has been filed by the applicant in case crime No. 543 of 2019, under Sections - 364A, 302, 201 I.P.C., Police Station - Highway, District - Mathura with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by Co-ordinate Bench of this Court, vide order dated 03.02.2021. 3. It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. Applicant is not named in the first information report. Except the confessional statement of applicant, there is no other evidence against applicant. The recovery of dead body of deceased shown at the instance of applicant- accused is highly doubtful. Learned counsel has referred statement of P.W.-1 and P.W.-2 recorded before the trial court and submitted that there are material contradictions in the statements of witnesses. The informant has admitted in his cross examination that he was the first person to see the dead body of deceased. Learned counsel for the applicant further submitted that in fact applicant-accused was apprehended by the police on 26.06.2019 from his house and thereafter he was falsely implicated in this case. The recovery shown from applicant-accused is false. It is further submitted that first bail application of applicant was rejected by the co-ordinate Bench of this Court vide order dated 03.02.2021 and after that two witnesses have been examined. Lastly, it was submitted that applicant-accued is in judicial custody since 27.06.2019 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail. 4. Learned A.G.A. and learned counsel for informant have opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits. The evidence clearly shows that deceased was kidnapped for ransom and thereafter a demand of ransom was made and later on deceased was murdered. The dead body of deceased has been recovered at the instance of applicant-accused. The mobile phone of deceased has also been recovered from the applicant. Similarly, the jeep, in which deceased was taken, was also recovered at the instance of applicant-accused. 5. After considering submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the case, no case for grant of bail is made out. 6. Accordingly, the instant second bail application filed on behalf of applicant is rejected. 7. However, keeping in view the period of detention of the applicant, the Trial Court is directed to expedite the trial and to decide the same expeditiously, preferably within a period of one year from the date of production of copy of the order. 8. A copy of this order be forwarded to the concerned trial court for necessary compliance." 4. It is submitted by learned counsel for the applicant that applicant was not named in the First Information Report and that except confessional statement, there is no credible evidence against the applicant. It was submitted that as per prosecution version, recovery of dead body of deceased was shown at the pointing out of applicant but during trial, informant/ PW-1 has stated that he was informed about the recovery of the dead body and reached at the spot. Referring to statement PW-1, it was submitted that recovery of dead body of deceased at instance of applicant is doubtful. It is further submitted that while rejecting the second bail application of applicant, trial court was directed to expedite the trial and to decide the same preferably within a period of one year but trial has not been concluded and only five witnesses have been examined so far, whereas in the charge-sheet 17 witnesses have been cited and thus, trial of the case is likely to take sufficient long time. It was submitted that the applicant is in jail since 27.06.2019 and thus, he has already undergone detention of about 5 years and ten months. It is further submitted that the applicant has no criminal history and in case the applicant is granted bail, he shall not misuse the liberty of bail and will co- operate during the trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that there is evidence that applicant was involved in abduction and murder of deceased. The first and second bail applications of applicant have already been rejected on merits and no new ground is made out. 6. Considering the submissions of learned counsel for the parties and all attending facts, particularly the fact that applicant has already undergone detention of about five years and ten months and the stage of trial, without expressing any opinion on the merits, a case for bail is made out. Hence, the third bail application is hereby allowed. 7. Let the applicant-accused - Jitesh, 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-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused 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-accused 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. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 6.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad