Ranjeet Kumar @ Sanjay v. State of U.P. Thru. Prin. Secy. Home, Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4907 of 2023 Applicant :- Ranjeet Kumar @ Sanjay Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Janendra Kumar Verma,Ajeet Kumar Singh,Smriti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ajeet Kumar Singh, the learned counsel for the applicant as well as Ms. Ankita Tripathi, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 24 of 2023, under Section 147, 323, 504, 506, 332, 353, 392, 411 I.P.C. and Section 7 Criminal Law Amendment Act, registered at Police Station Gola, District Lakhimpur Kheri.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

21.01.2023 by a Sub Inspector of police, against six named person, including the applicant and 4-5 unknown person, alleging that two sides of persons were indulging in a quarrel due to some dispute and when the informant Sub-Inspector and some other police persons reached there and tried to persuade them, the applicant Sanjay snatched away the service pistol of the informant and the co-accused Arvind Kumar snatched away his mobile phone and they ran away.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶5The State has filed a counter affidavit, wherein it has been stated that the pistol that was snatched away from the applicant, has been recovered from his possession.

¶6The learned counsel for the applicant has submitted that co-accused Arvind Kumar has already been granted bail in the present case by means of an order dated 12.09.2023 passed by this Court in Criminal Misc. Bail Application No.4916 of 2023.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history and he is languishing in jail since 28.01.2023 whereas the other co-accused person Arvind Kumar, who had allegedly snatched away the mobile phone of the informant has already been granted bail and without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Ranjeet Kumar @ Sanjay be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi,J.) Order Date :- 13.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench