Sanjay Chauhan v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41860 of 2023 Applicant :- Sanjay Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Tripathi,Surya Prakash Pandey Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Surya Prakash Pandey, learned counsel for the applicant, and learned A.G.A. for the State and perused the records.

¶2The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 329 of 2023, under Sections 308, 324, 504, 506 IPC, Police Station-Sector-24 Noida, District-Gautam Buddh Nagar, during pendency of the trial.

¶3Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated on account of enmity of neighbourhood. There is no previous criminal antecedents of the applicant. Learned counsel for the applicant has further submitted that the informant Akash Chaudhary has also given an application before the Commissioner of Police, District Gautam Buddh Nagar on 02.09.2023 wherein he has requested not to take any action against the accused persons in the present case. The applicant is languishing in jail since

06.08.2023, in case he is enlarged on bail, he will not misuse the said liberty, and there is no likelihood of abscondence or tampering with evidence.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Sanjay Chauhan involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 2.11.2023 Vikram High Court of Judicature at Allahabad