Allowed

Sanjay Khan v. State of U.P.

Allahabad HC28 Mar 2019BAIL/12530/2019

Case brief

AI extract

What is this about?

Appeal against order of the High Court of the State of Uttar Pradesh and the Court found that the applicant was implicated in a murder case. Considering the submission of learned counsel of the parties and relevant facts of the case.] The prayer for bail was allowed. The case was disposed.]

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Sanjay Khan Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12530 of 2019

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Applicant :- Sanjay Khan Opposite Party :- State Of U.P. Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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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 on 24.7.2018 (after two days of incident) against six accused persons, namely Subrati, Shahrukh, Mainu, Sanjay, Rafiq and Akil Khan alleging that on 22.7.2018 at 9.30 p.m. night they assaulted Veeru, he received one lacerated wound on head, resultantly died. During investigation, it was found that there is illicit relation between deceased and wife of Subrati due to which they killed him. Specific role of assault was assigned to co-accused Subrati.

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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. Motive is assigned to co-accused Subrati. Main role of assault was assigned to co-accused Subrati. The role of applicant is distinguishable from co-accused Subrati. Incident took place at night. Nobody has seen the incident. There is no independent witness and no legal evidence except the confessional statement of co-accused Subrati. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 18.1.2019 (more than two months) having no 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 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 allowed.

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Let applicant Sanjay Khan involved in Case Crime No. 812 of 2018, under Sections 147, 149, 323, 302, 504 IPC, Police Station Jagdishpura, District Agra 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

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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 :- 28.3.2019

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A. Singh

Sanjay Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanjay Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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