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Neutral Citation No. - 2025:AHC:93425 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8795 of 2025 Applicant :- Jitendra Singh Alias Jeetu Opposite Party :- State of U.P. Counsel for Applicant :- Anshu Singh,Hemendra Pratap Singh Counsel for Opposite Party :- Alok Singh,Chandra Prakash,G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Hemendra Pratap Singh, learned counsel for the applicant and Sri Ashutosh, holding brief of Sri Chandra Prakash,
learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the record.
3. Applicant seeks bail in Case Crime No. 553 of 2024, under Sections 406, 420, 467, 468, 471, 506 IPC, Police Station Tappal, District Aligarh, during the pendency of trial.
4. As per prosecution story, the applicant and two other co-accused persons namely Gulfam and Gaurav are stated to have duped the informant to the tune of Rs.11 lacs on the pretext that they shall be appointed on Government jobs.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. Not a single penny has been transferred to the account of the applicant. The money has been transferred, if any, to the account of one Gulfam only. The case of the applicant and co-accused Gaurav is at par with each other and Gaurav has been granted anticipatory bail by co-ordinate Bench of this Court in Criminal Misc Anticipatory Bail Application U/S 482 BNSS No.1511 of 2025, as such the applicant is also entitled to be released on bail.
6. The criminal history of three cases assigned to the applicant has been explained in paragraph no.23 to the affidavit filed with the bail application. The applicant is languishing in jail since 01.02.2025 and he is ready to cooperate with trial. In case, the
applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
8. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, I find it a fit case to release the applicant on bail. The bail application is allowed.
10. Let the applicant- Jitendra Singh Alias Jeetu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 30.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad