Allowed

Sanju Alias Sanjeev and Another v. State of U.P.

Allahabad HC31 Aug 2020BAIL/21983/2020

Case brief

AI extract

What is this about?

Hon'ble Bachchoo Lal, J. allowed bail application by two accused in an FIR under multiple IPC sections including murder and grievous hurt, citing parity with a co-accused already released on bail and noting no criminal history of applicants.

What did the court decide?

Applicants released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court.

Sanju Alias Sanjeev and Another Vs State of… — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21983 of 2020

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Applicant :- Sanju Alias Sanjeev And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. The F.I.R. of the alleged incident has been lodged against 5 named persons including the applicants and one unknown making general allegation for committing marpit with the informant and injured Gaurav. The injuries of injured Munna Singh-informant are simple in nature. As per X -ray report fracture of parietal bone was found to injured Gaurav. In the statement of injured Gaurav it has come that the co-accused Sandesh @ Bhura caused injury to him on his head with an axe. The applicants have not caused any head injury to injured Garurav. The coaccused Akash Gupta having identical role has already been released on bail by another bench of this court vide order dated 18.3.2020 in Cr. Misc. Bail Application No. 8745 of 2020, therefore, applicants are also entitled for bail on the ground of parity. There is no criminal history of the applicants. The applicant no. 1 is in jail since 15.2.2020 and the applicant no. 2 is in jail since 27.1.2020.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused Akash Gupta having identical role has already been released on bail.

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Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

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Let the applicants Sanju Alias Sanjeev and Raju Alias Rajeev involved in Case Crime No. 13 of 2020 under Section 147, 148, 149, 307, 324, 323, 427, 506 IPC and 7 Criminal Law Amendment Act, Police Station Bhamaura District Bareilly be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court

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concerned with the following conditions;

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The applicants will not tamper with the evidences.

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The applicants will not pressurize/intimidate the prosecution witnesses and they will cooperate with the trial.

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The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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

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Order Date :- 31.8.2020

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Gss

Sanju Alias Sanjeev and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanju Alias Sanjeev and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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