Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31885 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J.
1. Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 142 of 2024, under Sections 336(3), 340(2) and 316(5) BNS, 2023 read with Section 7A/12, 13(1)D(i) Prevention of Corruption Act, 1988, Police Station Saidpur, District Ghazipur during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter and initially he was challaned in the present matter for offences under Sections 318(4), 338, 336(2), 61(2) and 315(5) BNS and Section 7/13 P.C.Act and after considering entire facts of the case on 20.8.2025 this Court was pleased to enlarge him on bail in those offences and bail order dated 20.8.2025 has been annexed at page 108 of the paper book. 4. He further submits that during investigation offences under Sections 336(3), 340(2) and 316(5) BNS,2023 read with Section 7A/12, 13(1)D(i) Prevention of Corruption Act,1988 have been added and as applicant earlier after considering entire facts in detail has already enlarged on bail for offences under Sections 318(4), 338, 336(2), 61(2) and 315(5) BNS and Section 7/13 P.C.Act, therefore, he should be released on bail for added offences too. Versus Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Jitendra Modanwal . ....Applicant(s) State of U.P. .....Opposite Party(s)
5. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by the learned counsel for the applicant and the fact that with a very detailed order dated 20.8.2025 applicant has already been released on bail for offences under Sections 318(4), 338, 336(2), 61(2) and 315(5) BNS and Section 7/13 P.C.Act and therefore, in view of this Court for added offences also he is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9.
Let the applicant-Jitendra Modanwal be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case BAIL No. 31885 of 2025 2
during trial. September 17, 2025 SKM BAIL No. 31885 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad