Sanjay Kumar v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48593 of 2023 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

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

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 539 of 2023 under Sections 3/7 Essential Commodities Act, and Sections 120 B, 420 I.P.C., Police Station-Jagdishpura, District-Agra, during the pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the present case. There is no public witness of alleged recovery of 7600 liter of mixed petroleum product. The entire search and seizure was conducted in violation of provision of Section 100 Cr.P.C. Neither the applicant is owner of the alleged product nor the place where it was alleged to be recovered. It is next contended that the co-accused Yogesh Kumar Singhal, having identical role, has been granted bail by this court in Criminal Misc. Bail Application No. 46724 of 2023 vide order dated 9.11.2023. The applicant claims parity. The applicant is in jail since

12.10.2023, having no criminal history. In case he is enlarged on bail, he will not misuse the said liberty.

¶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 above and the fact that the applicant has remained confined for more than three months, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so when co-accused person has granted bail and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper 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.

¶6Let the applicant-Sanjay Kumar, involved in aforesaid case 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.

¶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 :- 30.11.2023 S.Verma High Court of Judicature at Allahabad