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Neutral Citation No. - 2025:AHC:111221 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22261 of 2025 Applicant :- Jitendra Alias Jeetu Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Tiwari,Sushil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pradeep Kumar Tiwari, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Jitendra Alias Jeetu, seeking enlargement on bail in Case Crime No. 188 of 2024, under Sections 147, 323, 304, 504, 506 of the IPC, Police Station Narkhi, District Firozabad.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 16.4.2025.
Learned counsel for the applicant submits that general allegations have been levelled against the applicant in the FIR. Learned counsel for the applicant submits that co-accused Arun Kumar @ Rushi, whose role was identical to that of present applicant, has already been granted bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 29078 of 2024 on 21.10.2024. He has no criminal antecedent and there is no likelihood of his 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 the prayer for bail, but could not dispute the fact that similarly circumstanced co-accused has already been granted bail by co-ordinate Bench of this Court. Considering all above 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-applicant, Jitendra Alias Jeetu, involved in above mentioned case crime number be released on bail, on his 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 applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his 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 his bail.
Order Date :- 11.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad