Sanjay v. State of U.P.
Case brief
What is this about?
Court granted bail to Sanjay in a criminal appeal involving sections of IPC and IT Act, considering overcrowding during the pandemic and co-accused bail orders, subject to standard bond and surety conditions.
What did the court decide?
Release on bail with personal bond and two sureties, subject to conditions of cooperation, no tampering with witnesses, and no illegal activities.
What the court decided
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19330 of 2020
Applicant :- Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar,Radhey Krishna Shukla,Santosh Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is the second bail application of the applicant. His first bail application being Criminal Misc. Bail Application No. 10552 of 2020 was rejected by this Court vide order dated 18.3.2020. The submission of learned counsel for the applicant is that coaccused persons, namely, Lakshman Yadav, Kuldeep Singh alias Ansh and Ram Pravesh Yadav have been granted bail by this Court vide orders dated 5.8.2020, 9.9.2020 and 11.11.2020 passed in Criminal Misc. Bail Application Nos. 18455 of 2020, 20724 of 2020 and 39294 of 2020. He has also brought on record bail orders of other co-accused persons, Ram Pratap Yadav, Ram Jeet Yadav, Subhash Yadav, Shasi Ranjan Maurya and Yogendra Ram as Annexure No. 1 to the Supplementary Affidavit dated 3.9.2020. It is next contended that the applicant has no criminal history, however, he has been falsely implicated in the present case due to ulterior motive. It is further submitted that there are general allegations and a concocted and false story has been set up by the prosecution whereas the applicant did not commit any offence as alleged. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is languishing in jail since 23.12.2019. He undertakes that he will not misuse the liberty, if granted, therefore, he may be released on bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is eligible for release on bail considering the nature of accusation and co-accused bail grants.
Whether the applicant should be granted bail on his executing a personal bond and two sureties with specified conditions.
Parties & counsel
- applicant
Sanjay
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/19330/2020
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