Allahabad High Court
JITENDRA @ JEETU @ JEETAversusSTATE OF U.P.
- Decided
Holding
The court held that, notwithstanding the grave nature of the offences and circumstantial evidence, the applicant is entitled to bail as a case for bail is made out.
Summary
The High Court considered a second bail application filed by Jitendra, accused of offences under Sections 302, 201 and 404 of the IPC, alleging murder and related crimes. The applicant claimed innocence, lack of criminal history, and that a co-accused had already been granted bail. The prosecution argued that the case was based on circumstantial evidence linking the accused to the abduction and killing of the deceased. After weighing the seriousness of the charges, the length of custody since August 2021, and the applicant's personal circumstances, the court found that a case for bail existed without expressing an opinion on guilt. Consequently, the court ordered the applicant's release on bail subject to standard conditions, including non‑tampering with evidence and appearance before the trial court.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the charges (IPC 302, 201, 404) and the presence of circumstantial evidence
- Whether the applicant's prolonged pre‑trial detention and clean criminal record justify the grant of bail
Legislation cited
- Indian Penal Code — s. 201, 302, 404
Subjects
- bail
- IPC
- murder
- circumstantial evidence
- criminal procedure
- pre-trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30759 of 2023
Jitendra @ Jeetu @ Jeeta
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohammad Faisal Khan
Counsel for Opposite Party(s) : G.A., Lokesh Kumar
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Mohammad Faisal Khan, learned counsel for the applicant,
Shri J.P. Singh, learned AGA for the State and perused the record.
2. The present bail application has been filed by the applicant-accused in
case crime No.222 of 2021, under Sections 302, 201, 404 of IPC, Police
station Mansoorpur, District Muzaffar Nagar, with the prayer to enlarge the
applicants-accused on bail.
3. This is the second bail application of the applicant. The first bail
application of the applicant was dismissed for want of prosecution by the
Co-ordinate Bench of this Court vide order dated 21.03.2023.
4. It has been argued by learned counsel for the applicant that applicant is
innocent and he has been falsely implicated in this case. It is further
submitted that co-accused Arun has already been granted bail by the Co-
ordinate Bench of this Court vide order dated 16.05.2025 passed in Criminal
Misc. Bail Application No.13461 of 2024 and the role of the applicant is not
distinguishable from the role of the co-accused. It is further submitted that
before the trial Court, three prosecution witnesses have been examined till
date and non bailable warrant has been issued for production of PW-4. It is
also submitted that the applicant has no criminal history. Lastly, it was stated
that applicant is languishing in jail since 29.08.2021 and that in case the
applicant is released on bail, he will not misuse the liberty of bail and will
cooperate in trial.
5. Learned A.G.A. has opposed the bail application .
BAIL No. 30759 of 2023
2
6. The case is based on the circumstantial evidence and the applicant along
with co-accused Arun are said to have taken away the deceased from his
house and thereafter, the dead body of the deceased was recovered from the
bushes and during course of investigation, the motorcycle belonging to the
deceased was recovered from the joint possession of the applicant and co-
accused Arun.
7. Considering the submissions of learned counsel for the parties, nature of
accusations, period of custody and all attending facts and circumstances of
the case, without expressing any opinion on the merits, a case for bail is
made out. Hence, the bail application is hereby allowed.
8. Let the applicant- Jitendra @ Jeetu @ Jeeta involved in aforesaid crime
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 shall not tamper with the evidence during the trial.
ii. The applicant shall not pressurize/ intimidate any of the prosecution
witness.
iii. The applicant shall appear before the trial court on the date fixed, unless
his 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 them from disclosing such facts to the Court or to any police officer
or tamper with the evidence.
9. In case of breach of any of the above condition, the Court concerned shall
be at liberty to cancel bail of applicant in accordance with law.
March 18, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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