Jagdeesh vs State of U.P.

Neutral Citation No. - 2025:AHC:74183

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11788 of 2025

Applicant :- Jagdeesh Opposite Party :- State of U.P. Counsel for Applicant :- Sher Bahadur Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Sher Bahadur Yadav, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 66 of 2019, under Section 302 IPC, Police Station- Mujariya, District- Budaun, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that however, applicant was named in the FIR but during investigation, his involvement was found false and no charge sheet was filed against him and during trial, he has been summoned under Section 319 Cr.P.C.

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He further submitted that even from the statements of the witnesses recorded during trial, it reflects, they could not see the real incident and according to them, they witnessed the applicant and other accused while they were running from the spot.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 19.03.2025.

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Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, applicant is named in the FIR along with others but during investigation, his involvement was found false and no charge sheet was filed against him and it reflects, during trial, he

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has been summoned under Section 319 Cr.P.C on the basis of statements of three prosecution witnesses.

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Further, even from perusal of the statements of the witnesses, who were examined by the trial court, it reflects, they witnessed the applicant and other accused persons while they were running from the spot and it reflects, they could not seen the real incident of murder.

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Further, applicant is not having any criminal history and he is in jail in the present matter since 19.03.2025.

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Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Jagdeesh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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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 said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 7.5.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Jagdeesh v. State of U.P.

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Jagdeesh v. State of U.P.

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