Allowed

Sanjay Banjara @ Irshad v. State of U.P.

Allahabad HC5 Oct 2020BAIL/29252/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 29252 of 2020, the court released the applicant on bail in a Gangster and Anti-Social Activities case, imposing conditions including no tampering with evidence and sincere cooperation in trial pending court restoration.

What did the court decide?

Released on bail on furnishing personal bond and two sureties (if courts restored) with specified conditions.

Sanjay Banjara @ Irshad Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 91

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29252 of 2020

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Applicant :- Sanjay Banjara @ Irshad Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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The present bail application has been filed on behalf of the applicant, Sanjay Banjara @ Irshad , with a prayer to release him on bail in Case Crime No. 382 of 2020, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali Khalilabad, District- Sant Kabir Nagar, during pendency of trial.

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The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the applicant is neither the leader/member of any gang nor involved in any anti-social activity. Only two cases have been shown in the gang chart against the applicant in which he has already been enlarged on bail. The bail orders have been annexed as Annexure No. 3 to the bail application. It is further contended by the learned counsel that the applicant is languishing in jail since 3.7.2020. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.

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Learned AGA for the State has vehemently opposed the prayer for bail.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another , reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant , involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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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

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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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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/her bail shall be effective after the period of short-term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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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 :- 5.10.2020

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Vandana

Sanjay Banjara @ Irshad v. State of U.P.

Case brief

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Sanjay Banjara @ Irshad v. State of U.P.

Case brief

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