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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

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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