Allahabad High Court
JITENDRAversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the accused Jitendra in a case involving offences under Section 143(3) of the same Act and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act. The applicant claimed innocence and pointed to bail being granted to co‑accused Guddu, Tushar and Kapil. The State opposed bail, arguing the seriousness of the alleged sex‑trade offences. After reviewing the record, the Court, without expressing an opinion on the merits, found the case fit for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, subject to conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future findings.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for offences under Section 143(3) B.N.S. and Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
- Whether the grant of bail to co‑accused influences the decision on the applicant’s bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 143(3), 483
- Immoral Traffic (Prevention) Act — s. 3, 4, 5
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Immoral Traffic (Prevention) Act
- criminal procedure
- surety
- evidence tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13457 of 2026
Jitendra
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Anil Kumar, learned counsel for the applicant, and Shri
B.P. Maurya, learned AGA for the State-respondents and perused the
record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a
prayer to release him on bail in Case Crime No.37 of 2026, under
Sections 143(3) of B.N.S. and Sections 3/4/5 of Immoral Traffic
(Prevention) Act, registered at Police Station Sector 49, District Gautam
Buddh Nagar, during pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that co-accused Guddu has already
been granted bail by this Court vide order dated 16.04.2026 passed in
Criminal Misc. Bail Application No.11728 of 2026. It is further submitted
that two co-accused, namely, Tushar and Kapil has also been granted by
the Co-ordinate Bench of this Court. It is further submitted that the
applicant is said to have been arrested from the reception counter of the
said spa centre, in which, the alleged sex trade was being carried out. It is
further submitted that the applicant is languishing in jail since 14.02.2026,
undertakes that he will not misuse the liberty, if granted. It has also been
pointed out that in the wake of heavy pendency of cases in the Court,
there is no likelihood of any early conclusion of trial.
BAIL No. 13457 of 2026
2
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
5. Co-accused Guddu has already been granted bail by this Court vide
order dated 16.04.2026 passed in Criminal Misc. Bail Application
No.11728 of 2026 and two co-accused, namely, Tushar and Kapil has also
been granted by the Co-ordinate Bench of this Court. It is further
submitted that the applicant is said to have been arrested from the
reception counter of the said spa centre, in which, the alleged sex trade
was being carried out. It is further submitted that the applicant is
languishing in jail since 14.02.2026.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
allowed.
7. Let the applicant- Jitendra involved in the aforesaid case crime shall
be released on bail on his furnishing a personal bond of Rs. 50,000/- with
two sureties each in the like amount to the satisfaction of the Court
concerned :-
(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 not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the dates fixed for evidence when the witnesses
are present in the trial court.
(v) The applicant shall remain present before the trial court on each date
BAIL No. 13457 of 2026
3
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as
an expression on the merits of the case. The trial court shall be absolutely
free to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
April 23, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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