Allahabad High Court
JITENDRA KUSHWAHAversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court allowed the bail application, granting bail to the applicant subject to conditions.
Summary
The High Court of Allahabad considered a bail application filed by Jitendra Kushwaha, who was arrested in connection with a case (Crime No. 207 of 2026) involving multiple IPC offences including sections 79, 75, 115(2), 352, 351(3), 317(2) and 304(2) BNS. The applicant’s counsel argued that he was falsely implicated, had no criminal record, and that the FIR was lodged two days after the alleged incident without a satisfactory explanation. The State opposed the bail, emphasizing the seriousness of the alleged offences. After weighing the nature of the offences, the evidence presented, and the applicant’s claim of innocence, the court decided that bail could be granted without commenting on the merits of the case. The court ordered the applicant’s release on personal bond with two sureties, subject to conditions prohibiting tampering with evidence, intimidation of witnesses, and committing similar offences, and directed verification of sureties' identities.
Issues considered
- Whether bail should be granted in a case involving offences under sections 79, 75, 115(2), 352, 351(3), 317(2) and 304(2) of the IPC.
- Whether the applicant's claim of innocence, lack of prior criminal history, and alleged delay in FIR filing justify bail.
- Whether the nature and severity of the alleged offences warrant denial of bail.
Legislation cited
- Indian Penal Code — s. 115(2), 304(2) BNS, 317(2), 351(3), 352, 75, 79
Subjects
- bail
- criminal procedure
- IPC sections
- presumption of innocence
- sureties
- conditions of bail
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33555 of 2026
Jitendra Kushwaha
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Neetu Pal, Vijay Laxmi Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Learned counsel for the applicant has filed supplementary affidavit today
in Court, which is taken on record.
2. Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.
3. The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 207 of 2026, under Sections 79, 75, 115(2), 352,
351(3), 317(2), 304(2) BNS, Police Station- Taryasujan, District-
Kushinagar, during pendency of the trial in the court below.
4. 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. 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 the incident
took place on 22.07.2026 and its FIR was lodged on 24.07.2026 without
giving plausible explanation for delay in lodging the FIR. There is no iota of
evidence has been found against the applicant. There is no criminal history
of the applicant. He next submitted that the applicant is languishing in jail
since 22.07.2026. 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.
BAIL No. 33555 of 2026
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5. The prayer for bail has been vehemently opposed by learned A.G.A.
6. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel for
the parties, this Court is of the view that the applicant is entitled to be
enlarged on bail during the pendency of the trial.
7. Accordingly, without expressing any opinion on the merits of the case, the
instant bail application is allowed.
8. Let applicant, Jitendra Kushwaha 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.
9. It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
10. In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
11. 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
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said observations shall have no bearing on the merits of the case during trial.
(Jai Prakash Tiwari,J.)
September 21, 2026
v.k. updh.
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
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