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2025 DAILYLAW 70266 (ALL)

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

BAIL/23742/2025 · 2025-07-09

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109896 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23742 of 2025 Applicant :- Jitendra Gangwar Alias Jitendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vijai Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Vijai Kr. Tiwari, learned counsel for the applicant, Sri Brijesh Kr. Dwivedi, learned A.G.A. and perused the record. 2. The instant bail application has been filed to release the applicant on bail in Case Crime No.223 of 2024, under Sections 147, 364, 384, 394, 323, 504, 506 I.P.C, Police Station Baradari, District Bareilly, during pendency of trial. 3. Contention of learned counsel for the applicant is that as per the F.I.R. the allegation of abduction of the first informant along with his Creta car has been made against co-accused Sonu Yadav @ Amit Kr. Singh. It is further submitted that the said car was not recovered from the applicant. Co-accused Sonu Yadav has already been released on bail by this Court in Bail Application No. 5683 of 2025. Therefore, the applicant is also entitled to be released on bail on the ground of parity with co-accused Sonu Yadav. The applicant has explained his criminal history in the accompanying affidavit and he is languishing in jail since 28.4.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Jitendra Gangwar @ Jitendra Kumar involved in the aforementioned 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, with the following conditions:- i. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 10.7.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad