Jishan Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14364 of 2025

Jishan	.....Applicant(s)
Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Apsara
Counsel for Opposite Party(s)	: G.A.

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Court No. - 70

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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Counter affidavit filed by learned A.G.A. today in the Court is taken on record.

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Heard Ms. Apsara, learned counsel for the applicant, learned A.G.A for the State and perused the record.

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Learned counsel for the applicant submits that the applicant is in jail since 29.08.2015 in Case Crime No. 153 of 2015 under Section 302 I.P.C. and during the detention period, the applicant has been falsey roped in the present case through B-Warrant. Learned counsel further submits that the applicant is innocent and that no offence has been committed by the applicant, who has been falsely implicated in the present case. He further submits Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 13.05.2025.

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Learned AGA has vehemently opposed the bail application and submits that in case the applicant is released on bail he will misuse the liberty of bail.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.

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Let the applicant Jishan be released on bail in Case Crime No.239 of

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BAIL No. 14364 of 2025

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2

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2015 under Sections 395, 397 I.P.C., Police Station Garhmukteshwar, District Hapur, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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(Dr. Gautam Chowdhary,J.)

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October 6, 2025

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S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Jishan v. State of U.P.

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Jishan v. State of U.P.

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