Allahabad High Court
JITAN ALIAS JEETANversusSTATE OF U.P.
- Decided
Holding
Bail is granted to the applicant under the conditions specified.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for Jitan alias Jeetan, who was charged under Sections 109(1), 352 BNS of the same Act and Section 4/25 of the Arms Act for allegedly assaulting Ritik Gupta with a sharp‑edged weapon. The applicant claimed innocence, no prior criminal record, and argued that the injury was not life‑threatening, while the State highlighted the specific role assigned to him in the assault. After reviewing the record, the Court, without expressing an opinion on the merits, found the case suitable for bail given the nature of the injury and the pendency of trial. The Court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and did not prejudice the trial court’s eventual judgment.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the alleged assault with a sharp‑edged weapon causing non‑dangerous injury.
- Whether the absence of a prior criminal record and the pendency of the trial justify bail.
Legislation cited
- Arms Act — s. 4/25
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 352 BNS, 483
Subjects
- bail
- criminal procedure
- assault
- sharp‑edged weapon
- non‑dangerous injury
- pendency
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 41526 of 2025
Jitan Alias Jeetan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar, Karmendra Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Amit Kumar, learned counsel for the applicant and Sri
J.P. Singh, learned AGA for the State-respondents and perused
the record.
2. The present bail application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, has been filed on behalf of
applicant with a prayer to release him on bail in Case Crime No.
699 of 2025, under Sections 109(1), 352 BNS and 4/25 Arms Act,
registered at Police Station Khurja Nagar, District Bulandshahar,
during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 10.8.2025. It is
further submitted that the applicant has been assigned specific role
of assault by sharp edged weapon on the neck of the injured Ritik
Gupta, however, injuries of the injured have not been found to be
dangerous to life. It is further submitted that applicant is having no
criminal history.. 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.
4. On the other hand, learned A.G.A. has opposed the prayer for
BAIL No. 41526 of 2025
2
grant of bail to the applicant and it is submitted that the applicant
has been assigned specific role of assault by sharp edged weapon
on the neck of the injured Rititk Gupta as a result of which one cut
mark injury of sharp edged weapon has been found on the neck of
the injured Ritik Gupta.
5. The applicant has been assigned the specific role of assault by
sharp edged weapon on the neck of the injured Ritik Gupta as a
result of which the injured has received one cut mark on his neck,
however, the said injury has not been found to be dangerous to
life. The applicant is having no criminal history.
6. Upon considering the totality of facts, nature and the evidence
reflected from record and without expressing any opinion on merits
of the case, I find it to be a fit case for bail. Hence, the present bail
application is ALLOWED.
7. Let the applicant- Jitan Alias Jeetan involved in the aforesaid
case crime be released on bail on his furnishing a personal bond of
Rs. 50,000/- with two sureties each in the like amount to the
satisfaction of the Court concerned with the following conditions :-
(i) 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.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial
court on the dates fixed for (i) opening of the case, (ii) framing of
charge and (iii) recording of statement under Section 351 of
B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall
not seek any adjournment on the dates fixed for evidence when the
witnesses are present in the trial court.
BAIL No. 41526 of 2025
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(v) The applicant shall remain present before the trial court on each
date fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
9. It is clarified that anything said in this order is limited to the
purpose of determination of this bail application and will in no way
be construed as an expression on the merits of the case. The trial
court shall be absolutely free to arrive at its independent
conclusions on the basis of evidence led unaffected by anything
said in this order.
(Jitendra Kumar Sinha,J.)
May 15, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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