Allowed

Sanjay Aheria v. State of U.P.

Allahabad HC3 Nov 2020BAIL/4688/2020

Case brief

AI extract

What is this about?

The Hon'ble High Court granted bail to the applicant in a dacoity case, citing Article 21 and a Supreme Court precedent. Bail is subject to personal bond and two sureties upon restoration of court functioning, with specific conditions to prevent tampering and future crimes.

What did the court decide?

Release on bail on personal bond and two sureties (effective after short-term bail period ends or upon restoration of courts), subject to specific conditions.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4688 of 2020

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Applicant :- Sanjay Aheria Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Sanjay Aheria , with a prayer to release him on bail in Case Crime No. 429 of 2017, under Sections 395, 412 IPC, Police Station Khurja Dehat, DistrictBulandshahr during pendency of trial.

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There is allegation of dacoity of Rs.20,000/- cash and jewellery. Further allegation is regarding repetition of offence in the same locality where Rs.60,000/- was looted along with jewellery.

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Learned counsel for the applicant has submitted that the applicant was not named in the first information report. Nothing was recovered from him but whatever recovery shown was planted. There is no public witness of the same. Applicant has criminal history of 13 cases explained in the supplementary affidavit filed today. He is in jail since 09.04.2018.

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Learned AGA has opposed the prayer for bail of the applicant.

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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

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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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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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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. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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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 :- 3.11.2020 SS

Sanjay Aheria v. State of U.P.

Case brief

What is this about?

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Sanjay Aheria v. State of U.P.

Case brief

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