Jitendra @ Gantha vs State of U.P.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.326 of 2025, under Sections 309(6), 317(2) BNS, Police Station Kyoladiya, District Bareilly, during the pendency of the trial.

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Contention of learned counsel for the applicant is that applicant was not named in the FIR. Subsequently on the basis of Rs.210/- and country made pistol as well as joint recovery of one tempo with two other coaccused persons, he has been falsely implicated, though, there is no other incriminating material against the applicant. It is further submitted that the applicant has explained the criminal history of three cases in the accompanying affidavit. It is further submitted that co-accused Sonu @ Sompal has already been released on bail by this Court in Criminal Misc. Bail Application No. 7732 of 2026 vide order dated 27.02.2026. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 16.11.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Per contra , learned A.G.A. has vehemently opposed the prayer for bail

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BAIL No. 8511 of 2026

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but could not dispute the aforesaid facts.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed .

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Let the applicant- Jitendra @ Gantha involved in the aforementioned crime be released on bail, on his 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 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.

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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that the applicant shall be released on the basis of

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BAIL No. 8511 of 2026

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downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 .

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(Arun Kumar Singh Deshwal,J.)

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March 19, 2026 CS/-

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Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad

Jitendra @ Gantha v. State of U.P.

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Jitendra @ Gantha v. State of U.P.

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