This bail application was allowed. The court held that the applicant had made out a case for bail pending trial under the relevant sections of the Indian Penal Code, citing Supreme Court dictum.
Released on bail with a personal bond and two sureties subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10972 of 2018
Applicant :- Sanju @ Sanjay Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rachna Tiwari,Prem Shankar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The argument is that the applicant has criminal history of 16 cases, which have been explained in the supplementary affidavit. The applicant is on bail in all the cases. In the present case the allegation against him is demand of Rs.50,000/- from the informant failing which threat for life was extended to the applicant. The applicant is in jail since 18.12.2017.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sanju @ Sanjay Singh involved in Case Crime No.262 of 2017, under Sections 387, 452, 506 I.P.C, Police Station Muskara, District Hamirpur 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 following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 30.7.2018 SS
1 issue framed by the court
Whether the applicant, having a criminal history but already on bail in other cases, is eligible for bail in the present trial.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherFollowed¶8
Dataram Singh Vs. State of U.P. and another (2018)3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Sanju @ Sanjay Singh
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
