Allowed

Sanjeev Kumar v. State of U.P.

Allahabad HC23 Sept 2020BAIL/10865/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant Sanjeev Kumar, erroneously typed as Sanjeev Kumar, in a criminal case under Sections 363 and 366 IPC. The court ordered his release on personal bond and two local sureties, noting his lack of criminal history and parity with a co-accouse. Bail conditions regarding court appearance are prescribed.

What did the court decide?

Respondent released on personal bond and two local sureties each of the like amount to the satisfaction of the court concerned.

Sanjeev Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10865 of 2020

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Applicant :- Sanjeev Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais,Lal Prabhakar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

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Learned counsel for the applicant submitted that he has been falsely implicated in the present case. He next submitted that co-accused Rashid having an identical role has been enlarged on bail by this Court in Criminal Misc. Bail Application No.5308 of 2020 vide order dated 1.5.2020. The case of applicant stands on similar footing, hence the applicant is also entitled for bail on the ground of parity. Applicant is having no criminal history. The applicant is languishing in jail since 18.10.2019 and he has no criminal history except the present case to his credit.

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Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Sanjeev Kumar , involved in Case Crime No. 488 of 2019, under Sections- 363 & 366 IPC, Police Station- Gunnaur, District- Sambhal be released on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 23.9.2020 Junaid

Sanjeev Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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