Allahabad High Court
JAI KISHAN ALIAS JAICOversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
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
- Code of Criminal Procedure, 1973 — s. 309(4), 317(2)
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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