Sanjay @ Sanju v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31300 of 2023 Applicant :- Sanjay @ Sanju Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2It has been argued by learned counsel for the applicant that the applicant is the son of accused Hari Shanker alias Bachchu, and that Hari Shanker @ Bachchu had solemnised second marriage with the deceased. Learned counsel further submits that the applicant is an innocent person who has been falsely implicated in the present case. Learned counsel further submits that by the efflux of time, trial began and during the trial, the statement of P.W.1 and P.W. 2 were recorded and they were declared hostile by the learned trial Court, copy of the statements of P.W.1 and P.W.2 are annexed as Annexure-SA1 to the supplementary affidavit dated 10.10.2023. He thus submits that no offence against the applicant is made out. Learned counsel has further argued that the similarly situated co-accused Bantu Singh @ Neetu, has already been enlarged on bail by this Court vide order dated 09.10.2023 passed in Criminal Misc. Bail Application No 37369 of 2023, copy of which order has been produced before this Court and is taken on record. 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 02.06.2023, having no criminal history.

¶3Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶4Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶5Let applicant Sanjay @ Sanju involved in Case Crime No.83 of 2022 under Sections 328, 302, 323 I.P.C., Police Station Friend Colony, District Etawah, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- A. The applicant shall not tamper with the evidence during the trial. B. The applicant shall not pressurize/ intimidate the prosecution witness. C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected. E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 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. Order Date :- 19.10.2023 S.Ali High Court of Judicature at Allahabad