Anuj Saxena v. State of U.P.
Case brief
What is this about?
The court allowed a second bail application alleging subsequent witness examination and changes in testimony. Bail was granted subject to conditions, with a direction for speedy trial.
What did the court decide?
Release on bail on executing personal bond and furnishing two sureties, subject to conditions regarding evidence, threats, appearance, and committing offences.
What the court decided
Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5351 of 2019
Applicant :- Anuj Saxena Opposite Party :- State Of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No. 398 of 2015, under Sections 302 I.P.C., P.S. Behat, District Saharanpur. The first bail application of the applicant was rejected vide order of this Court dated 3.4.2017 passed in crl. misc. bail application no. 11303 of 2017.
I have perused the prosecution story as set up in the F.I.R. and also the first bail rejection order.
It is contended that subsequent to the rejection of first bail application, eight witnesses have been examined; PW1 is not an eyewitness; as far as PW2 is concerned, he in his testimony categorically states herein as under:
"uske bad yani jab teeno aadmi car se gaye to karib 1/2 ghante baad maine in teeno nishchal, anuj wa mritak sajal ko usi car se aate shakumbhari road se aate dekha, ye teeno wapsi mein shakumbhari tiraahe se agli taraf car se utare the, to mere samne hi sajal car se utar kar bazar ki taraf chala gaya, nischal wa anuj car lekar bharti public school ki taraf chale gaye"
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant in a second application considering new evidence and lack of previous criminal history.
Parties & counsel
- applicant
Anuj Saxena
Coram
Vipin Sinha
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/5351/2019
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