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2025 DAILYLAW 63668 (ALL)

JITENDRA KUMAR ALIAS JEETU v. STATE OF U.P.

BAIL/18943/2025 · 2025-08-07

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134527 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18943 of 2025 Applicant :- Jitendra Kumar Alias Jeetu Opposite Party :- State of U.P. Counsel for Applicant :- Mrityunjay Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Mrityunjay Dwivedi, learned counsel for the applicant, Sri V.D. Ojha, learned AGA for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant-Jitendra Kumar Alias Jeetu, seeking enlargement on bail during trial in connection with Case Crime No.79 of 2023, u/s 460, 380, 302, 411, 149 IPC and 3/25 of Arms Act, P.S. Gabhana, District Aligarh. 4. This is a second bail application. The first bail application of the applicant was dismissed as withdrawn vide order dated 21.4.2025 passed by this Court in Criminal Misc. Bail Application No.7846 of 2025. 5. The FIR of the matter was lodged on 10.3.2023 by Himanchal against unknown persons alleging therein that on 9/10.3.2023, his father Rakesh Kumar was sleeping near the animals in the village. In the night between 10 p.m. to 2 a.m. some unknown persons entered in the gher and murdered him mercilessly. They have also taken away five animals which were tied there. Someone had even given poison to his animals around six months back of which he has given an application at the police chauki which needs investigation. In the morning at about 5.15 a.m. when he reached gher, he found his father dead and was found to be tied on a cot. His animals were not there. A report be lodged and action be taken. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant was arrested by the police and his confessional statement was recorded on the basis of which he was made an accused in the matter. It is argued that the police has shown the recovery of a country-made pistol on the pointing out of the applicant. Co- accused Yunus @ Hakla, Chandrapal have been granted bail by coordinate Bench of this Court vide orders dated 30.8.2024 and 22.11.2024 passed in Criminal Misc. Bail Application Nos.28708 of 2024 and 33415 of 2024, the copies of the same are annexed as Annexure No.7 to the affidavit filed in support of bail application. It is further argued that the applicant is reported to be having criminal history of 27 cases in all out of which 22 cases have been disclosed in para 16 of the affidavit in support of bail application and 14 cases out of them have been explained therein. It is further submitted while placing supplementary affidavit dated 10.7.2025 which is already on record that the other remaining five cases have been disclosed and explained in para 3 of the said supplementary affidavit. Looking to the said facts, nature of evidence and the role of the applicant, the applicant be released on bail. The applicant is in jail since 29.3.2023. 7. Per contra learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant has been made as accused in the present matter during investigation. The applicant is a hardened criminal and is having criminal history of 27 cases in which there are ten cases under Section 379 IPC, nine under Section 380 IPC and other Sections, one case under Section 302 IPC, one case under Section 307 IPC, two cases under the Gangsters Act, two cases under the Arms Act and one case under Section 420 IPC and as such looking to the criminal history of the applicant, it is clear that he is a person of criminal antecedents and is a repeated offender and involved in cases of various nature. The bail application of the applicant be thus rejected. 8. After hearing the counsel for the parties and perusing the record, it is evident that the complicity of the applicant surfaced in the matter during investigation. The applicant has criminal history of 27 cases which are serious in nature. The same goes to show that there are repetition of offences by the applicant. 9. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. (Samit Gopal, J.) Order Date :- 8.8.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad