Allowed

Brijesh Saroj and Another v. State of U.P.

Allahabad HC22 Feb 2019BAIL/7479/2019

Case brief

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What is this about?

The Court considered a bail application filed by two accused persons charged with murder and相关 offences. Finding it a fit case, the Court ordered their release on bail subject to standard conditions including furnishing sureties and complying with trial requirements.

What did the court decide?

Applicants Brijesh Saroj and Satya Narayan Saroj released on bail on furnishing personal bond and two sureties each.

Brijesh Saroj and Another Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7479 of 2019

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Applicant :- Brijesh Saroj And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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

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Learned counsel for the applicants contends that applicants have been falsely implicated; that case of the applicants is identical to co-accused Amarnath Saroj, Devnarayan Saroj and Vijay Saroj, who have been granted bail by this Court vide orders dated 31.1.2019 and 23.1.2019 passed in Criminal Misc. Bail Application Nos.4349 of 2019 and 1120 of 2019, copy produced for perusal is taken on record; that case of the applicants is distinguishable with co-accused Ankit Saroj, who has been assigned with role of causing head injury to Seeth Lal; that applicants have no criminal history; that applicants undertake that they will not misuse the liberty of bail; that applicants are in custody since 21.8.2018.

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Learned A.G.A. opposed the prayer of bail.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.

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Let the applicants Brijesh Saroj and Satya Narayan Saroj be released on bail in Case Crime No.120 of 2018, under Sections 147, 148, 307, 302, 323, 504, 506, 34, I.P.C., P.S. Sujanganj, District Jaunpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicants will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as

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recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that they are abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicants will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.

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Order Date :- 22.2.2019 T. Sinha

Brijesh Saroj and Another v. State of U.P.

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Brijesh Saroj and Another v. State of U.P.

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