Sanjay Katheriya v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46877 of 2023 Applicant :- Sanjay Katheriya Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Sharma,Surendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Learned counsel for the applicant has filed supplementary affidavit today in Court, which is taken on record.

¶2Heard Sri Surendra Pratap Singh, learned counsel for the applicant, learned A.G.A for State and perused the record.

¶3The instant bail application, under Section 439 Cr.P.C, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 176 of 2023, under Sections 392 and 411 I.P.C, Police Station-Civil Lines, District-Etawah, during the pendency of trial.

¶4Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. The applicant has neither named in the F.l.R nor he was identified in due course of law. No incriminating material as alleged has been recovered from the possession of the applicant. Criminal history of five cases has been explained through supplementary affidavit. Learned counsel lastly submitted that the co-accused Vikas Rajpoot having similar role has already been enlarged on bail by co-ordinate Bench of this Court. It is next contended that the co-accused-Vikas Rajpoot having similar role, has been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 44114 of 2023 vide order dated 28.10.2023. Learned counsel for the applicant has produced a copy of the said order, which are taken on record. The applicant claim parity. The applicant is in jail since 01.08.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶5Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having 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.

¶7Let the applicant-Sanjay Katheriya, involved in the aforesaid case 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶8In 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 :- 23.11.2023 Vinod/Shahroz High Court of Judicature at Allahabad