Allahabad High Court

JITENDRA SHARMAversusSTATE OF U.P.

Decided: 7 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court granted bail to the applicant, finding the case fit for release on personal bond with conditions.

Summary

Jitendra Sharma was arrested in connection with a case involving alleged fraud and cheating under Sections 420, 467, 468, 471, 406 and 506 of the IPC. He contended that he was falsely implicated, citing a partnership deed with the informant's wife and that a large part of the disputed amount had already been returned. He also argued that co‑accused persons had already been granted bail, and therefore he was entitled to bail on the ground of parity. The learned Additional Government Advocate opposed the bail but could not refute the applicant’s factual submissions. Considering the nature of the allegations, the period of custody and the lack of merit discussion, the court deemed the case fit for bail and ordered his release on personal bond with two sureties, subject to standard conditions. The bail was granted with conditions to prevent tampering with evidence, intimidation of witnesses, and commission of similar offences.

Issues considered

Whether bail should be granted to the accused in a case involving offences under Sections 420, 467, 468, 471, 406 and 506 IPC.
Whether the principle of parity with co‑accused who have been granted bail warrants granting bail to the applicant.
Whether the factual circumstances and period of custody justify bail despite the seriousness of the alleged offences.

Legislation cited

Indian Penal Code — s. 406, 420, 467, 468, 471, 506

Subjects

bail
criminal procedure
IPC offences
parity principle
anticipatory bail
personal bond

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30501 of 2026

Jitendra Sharma
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Jeet Narayan Dubey, Shyam Shankar
Mishra
Counsel for Opposite Party(s) : G.A.

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

1. Heard learned counsel for the applicant, learned A.G.A for the State
and perused the record.

2. The applicant is involved in Case Crime No. 220 of 2022, under
Sections 420, 467, 468, 471, 406, 506 I.P.C., Police Station- Matsaina,
District- Firozabad.

3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted
that the wife of the first informant had executed a partnership deed with
the applicant for carrying on the business of a water plant, and the alleged
transaction pertains to the business transactions between the parties.It is
next submitted that the first informant has himself admitted in his
statement that, out of the total amount of Rs. 15 lakhs, an amount of Rs. 9
lakhs has already been returned to him. It is next submitted that the co-
accused Deepak Gupta and Gopendra have already been granted bail by
this Court vide orders dated 27.08.2025 & 26.06.2025 passed in in
Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.5048 of
2025 and in Criminal Misc. Bail Application Nos.17158 of 2025
respectively. The applicant's case is identical to the co-accused and he is
also entitled to bail on the ground of parity. The applicant is in jail since
23.07.2026. Learned counsel for the applicant has further submitted that
if the applicant is released on bail, the applicant would not misuse liberty
of bail and is ready to co-operate in the trial.
BAIL No. 30501 of 2026
2

4. Learned A.G.A. opposed the prayer for bail but could not dispute the
aforesaid fact as argued by learned counsel for the applicant.

5. Considering the submission of learned counsel for the parties, facts of
the case, nature of allegation and period of custody, gravity of offence,
without expressing any opinion on the merits of the case, the Court is of
the opinion that it is a fit case for bail. Hence, the bail application is
hereby allowed.

6. Let the applicant -Jitendra Sharma involved in the aforesaid case be
released on bail on furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned subject to
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.

7. In case of breach of any of the above conditions, the court below shall
be at liberty to cancel the bail.

(Jai Prakash Tiwari,J.)
September 8, 2026
S.K.

Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad

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