Allowed

Sanjay Musahar v. State of U.P.

Allahabad HC4 Dec 2018BAIL/3380/2016

Case brief

AI extract

What is this about?

This judgment deals with a criminal bail application. The High Court granted bail to the applicant, a first-time offender accused of assault-related offences, noting his long incarceration and lack of prior criminal record after hearing submissions from both sides.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties subject to conditions regarding tampering with evidence and prosecution witnesses.

Sanjay Musahar Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3380 of 2016

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Applicant :- Sanjay Musahar Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Tripathi-I,Santosh Kumar Jaiswal

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Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Supplementary and counter affidavits filed today are taken on record.

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

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According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 2.5.2014 at night they assaulted Jitendra, Indu and Janaki. Jitendra received one head injury, resultantly died. Subsequently, accused Chandra Shekhar @ Shekhar Mushar, Jitendra, Sanjay, Prakash, Rajesh and Sonu were arrested by the police and they stated that Chandra Shekhar assaulted deceased Jitendra and blood stained bamboo was recovered. Charge sheet has been submitted against Chandra Shekhar @ Shekhar Mushar, Jitendra, Sanjay, Prakash.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. Main role of assaulted was assigned to co-accused Chandra Shekhar. There was no recovery from the pointing out/possession of applicant. Blood stained bamboo was recovered from the possession of co-accused Chandra Shekhar. There is no independent witness and no eye witness account. Offences levelled against the applicant are not attracted in the present case. There is no possibility to get this case decided in short period in future. He is languishing in jail since 1.6.2014 (more than four and half years) having no previous criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no previous criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby

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allowed.

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Let applicant Sanjay Musahar involved in Case Crime No. 323 of 2014, under Sections 460, 323, 411 IPC, Police Station Phephana, District Ballia be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 4.12.2018

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A. Singh

Sanjay Musahar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanjay Musahar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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