Sanjeev Sinha v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41016 of 2023 Applicant :- Sanjeev Sinha Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pathak Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶3This is second bail application on behalf of the accused-applicant. The first bail application was rejected on 22.01.2021 by Hon'ble Vivek Kumar Singh, J. This application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 141 of 2018, under Sections 409, 406 I.P.C., Police Station-Mardah, District-Ghazipur, during pendency of the trial.

¶4Learned counsel for the applicant submits that while rejecting the bail order, it was directed that the trial would be conducted preferably within a period of four month from the date of production of certified copy of the bail rejection order dated

22.01.2021, however, till date only two witnesses (P.W. & P.W.2) have been examined and there are ten witnesses as such there is no possibility of trial being concluded in near future, and the applicant has been in jail since 10.10.2018, therefore, the applicant be granted bail during trial. The criminal history of the applicant has been explained. It is lastly contended that in case, the applicant is enlarged on bail, he will not misuse the said liberty.

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

¶6Having regard to the development as above and the fact that the applicant has remained confined for five years and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant, Sanjeev Sinha, 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.

¶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 :- 29.11.2023 S.Verma High Court of Judicature at Allahabad