Sandeep Tyagi v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46930 of 2023 Applicant :- Sandeep Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Sunil Kumar Upadhyay, learned counsel for the applicant who has filed second supplementary affidavit which is taken on record, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.331 of 2023, under Sections 307, 324, 504, 506 IPC, Police Station Madhuban Bapudham, District Ghaziabad, during the pendency of trial.

¶3Learned counsel for the applicant submits that though the injuries sustained by the informant are on the vital part such as neck but they are found to be superficial in nature. It is also contended that according to the concerned doctor, the injuries are neither fatal nor dangerous for life. It has also come out that the applicant was not having any knife at the time of alleged occurrence but in a fit of anger he took a small knife from the kitchen and had caused injury to the informant. There is no previous criminal history against the applicant. There is no likelihood of his abscondence or tampering with the evidence. He is in jail since 29.08.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicant, from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Sandeep Tyagi, involved in the 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 :- 8.12.2023 Shahroz High Court of Judicature at Allahabad