Allahabad High Court
JITENDRA ALIAS GUNGAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
The applicant, Jitendra alias Gunga, a deaf and mute person, sought bail in a criminal case (Crime No.254 of 2024) where he was not named in the FIR and was implicated solely on suspicion related to blood‑stained clothes. The applicant argued his innocence, lack of prior criminal record, and the FIR's deficiencies, including no time of offence and absence of last‑seen evidence. The State opposed bail but could not refute the applicant's contentions. The court, after reviewing the material, found that prima facie the applicant had established a case for bail, noting the lack of substantive evidence and his disability. Consequently, the court granted bail on personal bond and two sureties, imposing conditions to prevent tampering with evidence or witness intimidation, and warned that breach would lead to cancellation.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and there is no last‑seen evidence.
- Whether the applicant's disability and clean criminal record justify bail.
- Whether deficiencies in the FIR, such as delayed filing and lack of time of offence, affect the bail decision.
Subjects
- bail
- criminal procedure
- FIR
- suspicion
- disabled accused
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12613 of 2025
Jitendra Alias Gunga
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhakar Singh
Counsel for Opposite Party(s) : G.A., Vidya Dhar Yadav
Court No. - 66
(Sr. No.36 out of 116)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sudhakar Singh, learned counsel for the applicant, Sri Vidya
Dhar Yadav, learned counsel for the informant as well as Sri Jai Kishan
Chaurasia, learned State Law Officer for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.254 of 2024, under Sections
103(1) BNS, Police Station Baniyather, District Sambhal, during the
pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
applicant is not named in the FIR. The applicant himself is a deaf and dumb
person and he has nothing to do with the said offence. He has simply been
made an accused on account of recovery of certain clothes of the deceased
person, which were found bloodstained.
5. Learned counsel for the applicant has further argued that the applicant has
been made an accused on the basis of suspicion only. There is no last seen
evidence. The FIR itself is delayed as no time of offence is mentioned in it.
The applicant has no criminal history and is in jail since 8.10.2024. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
6. Per contra, learned counsel for the informant and learned State Law
BAIL No. 12613 of 2025
2
Officer have vehemently opposed the bail application but the submissions
raised by the learned counsel for the applicant could not be disputed.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that applicant is not named in the FIR and there is no
evidence of last seen, and without expressing any opinion on the merits of
the case, prima-facie the Court is of the view that the applicant has made out
a case for bail. The bail application is allowed.
8. Let the applicant- Jitendra Alias Gunga, be released on bail on
furnishing a personal bond and two sureties to the satisfaction of the court
concerned, subject to verification of sureties, with the conditions that he
shall not tamper with evidence or intimidate witnesses and shall appear
before the trial court as required.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
March 19, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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