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2025 DAILYLAW 24416 (ALL)

JITENDRA GAUTAM AND ANOTHER v. STATE OF U.P.

BAIL/7502/2025 · 2025-03-03

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30411 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7502 of 2025 Applicant :- Jitendra Gautam And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants, Shri D.S.Yadav, learned counsel for the first informant, and Shri Arimardan Yadav, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicants, Jitendra Gautam and Ramsuchit Gautam, seeking enlargement on bail in Case Crime No. 20 of 2025 under Sections 115 (2), 352, 351 (3) and 109 (1) of B.N.S., Police Station- Suriyawan, District-Bhadohi. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number. First Information Report has been lodged on 14.07.2024 against the named persons including the applicants. Main role of giving blow by axe has been assigned to co-accused Mahendra. The applicants have been assigned the role of catching hold the first informant/injured Ramfal Gautam.The applicants have no criminal antecedents and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the fact that the applicants have no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicants, Jitendra Gautam and Ramsuchit Gautam, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 4.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad