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Allahabad High Court

JAI KISHAN ALIAS JAICOversusSTATE OF U.P.

Decided

Holding

The applicant is entitled to be enlarged on bail during the pendency of the trial.

Summary

The High Court considered a bail application filed by Jai Kishan Alias Jaico in Criminal Case No. 485 of 2026, where he was charged under Sections 309(4) and 317(2) of the Criminal Procedure Code for allegedly snatching an informant's bag. The applicant claimed innocence, alleging false implication and lack of cogent evidence, and highlighted his clean criminal record apart from the present case. The State opposed the bail, but the Court, after reviewing the record and the nature of the allegations, decided that the applicant was entitled to bail during the trial. The Court granted bail subject to a personal bond, two sureties, and conditions prohibiting tampering with evidence, intimidation of witnesses, and commission of similar offences. The order expressly refrains from commenting on the merits of the case and directs verification of sureties' identities.

Issues considered

  • Whether bail should be granted to the accused in a case under Sections 309(4) and 317(2) of the Criminal Procedure Code, considering alleged false implication and lack of substantive evidence.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Section 309
  • Section 317
  • false implication
  • sureties
  • conditions of bail

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 30399 of 2026

Jai Kishan Alias Jaico
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                                           :
Counsel for Opposite Party(s)                                      :


Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

Supplementary affidavit filed on behalf of applicant is taken on record.

Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 485 of 2026, under Sections 309(4), 317(2) BNS,
Police Station- Kosikalan, District- Mathura, during pendency of the trial
in the court concerned.

Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. The present case relates to alleged snatching
of bag of the informant containing valuables and cash. It is next submitted
that applicant is having no concern with the allegations levelled against
him and he has not committed any offence as alleged by prosecution. It is
next submitted that a false recovery has been shown from the possession of
the applicant. There is no independent witness of the alleged recovery.
 During investigation, no cogent evidence has been collected against the
applicant. Except the present case, the applicant is not having any other
criminal history and he is languishing in jail since 23.7.2026. It is also
submitted that the applicant 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.

The prayer for bail has been vehemently opposed by learned A.G.A.

Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
                                                                                            BAIL No. 30399 of 2026
                                                                    2


                                    that the applicant is entitled to be enlarged on bail during the pendency of
                                    the trial.

                                    Accordingly, without expressing any opinion on the merits of the case,
                                    the instant bail application is allowed.

                                    Let applicant, Jai Kishan Alias Jaico be released on bail in the aforesaid
                                    case on his executing a personal bond and furnishing two sureties each in
                                    the like amount to the satisfaction of the court concerned subject to the
                                    following conditions:-

                                    (i). The applicant will not tamper with the evidence during the trial.

                                    (ii). The applicant will not pressurize/ intimidate the prosecution witness.

                                    (iii). The applicant will appear before the trial court on the date fixed,
                                    unless personal presence is exempted.

                                    (iv). The applicant shall not commit an offence similar to the offence of
                                    which he is accused, or suspected, of the commission of which he is
                                    suspected.

                                    (v). 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.

                                    It is further directed that the identity, status and residence proof of the
                                    sureties be verified by the authorities concerned before they are accepted.

                                    In case of breach of any of the above conditions, the trial court will be at
                                    liberty to cancel the bail.

                                    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
                                    during trial.


                                                                                        (Jai Prakash Tiwari,J.)
                                    September 8, 2026
                                    KK Patel




Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad


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