Allahabad High Court
JITENDRA @ SHERU AND 2 OTHERSversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court held that bail should be granted to the applicants.
Summary
The Allahabad High Court considered a bail application filed by Jitendra @ Sheru and two others, who were in custody since July 8, 2026 for offences under Sections 305(a), 331(3), 317(2) and 112 of the Indian Penal Code. The applicants claimed innocence, stating the FIR was lodged against an unknown person and that no incriminating material was found on them. The State opposed bail but did not refute the applicants' factual submissions. Weighing the nature of the allegations, the period of custody, and the heavy case pendency, the Court, without expressing a view on the merits, found the case fit for bail. Accordingly, bail was granted subject to a personal bond, two sureties and several conditions to prevent tampering with evidence, intimidation of witnesses, and commission of similar offences. The Court retained the power to cancel bail if any condition is breached.
Issues considered
- Whether the accused persons charged under Sections 305(a), 331(3), 317(2) and 112 IPC are entitled to bail pending trial.
Legislation cited
- Indian Penal Code — s. 112, 305(a), 317(2), 331(3)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Section 305
- Section 331
- Section 317
- Section 112
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34784 of 2026
Jitendra @ Sheru And 2 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Maya Shankar Yadav, Ramkripal
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicants, learned A.G.A for the State
and perused the record.
2.The instant application has been filed seeking release of the applicants
on bail in Case Crime No. 29 of 2026, under Sections 305(a), 331(3),
317(2), 112 BNS, Police Station- Shahabganj, District- Chandauli, during
pendency of the trial in the court concerned.
3. Learned counsel for the applicants submitted that the applicants are
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. The present FIR has been lodged against the
unknown person regarding the theft committed in the rented house of the
informant. It is next submitted that applicants are having no concern with
the allegations levelled against them and they have not committed any
offence as alleged by prosecution. It is next submitted that nothing
incriminating material relating to the present case has been recovered
from the possession of the applicants. Criminal history of the applicants
have been explained in the instant bail application and they is languishing
in jail since 8.7.2026. Co-accused Prince and Manuu Yadav have been
granted bail by this Bench vide orders dated 21.08.2026 & 03.09.2026 in
Criminal Misc. Bail Application Nos. 29682 of 2026 and 31126 of 2026.
It is also submitted that the applicants 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
BAIL No. 34784 of 2026
2
conclusion of trial.
4. Learned A.G.A. opposed the prayer for bail but could not dispute the
aforesaid fact as argued by learned counsel for the applicants.
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 applicants- Jitendra @ Sheru, Vikash Yadav @ Jhagdu and
Vikas Yadav @ Barfi, 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 applicants will not tamper with the evidence during the trial.
(ii). The applicants will not pressurize/ intimidate the prosecution witness.
(iii). The applicants 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 applicants 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 30, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
Checking your session…