Allowed

Sanjay v. State of U.P.

Allahabad HC25 Jan 2021BAIL/5368/2021

Case brief

AI extract

What is this about?

In this bail application under the Arms Act, the High Court allowed the applicant's plea, finding that he has made out a fit case for bail. The applicant, having multiple prior bail orders in related cases, was granted release subject to specific conditions including personal bonds and sureties.

What did the court decide?

Applicant released on bail furnishing personal bond and two sureties, subject to specific conditions of presence and conduct.

Sanjay Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5368 of 2021

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Applicant :- Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh,Deepak Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.

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By means of this application, the applicant, Sanjay, who is involved in Case Crime No. 158/2020, under Section 3/25 Arms Act, Police Station-Sector Sainya, District-Agra, is seeking enlargement on bail during the trial.

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It is submitted by learned counsel for the applicant that as per prosecution case the police has shown the recovery of one country made pistol of 315 bore, one live cartridge and Rs. 24,000/- from the possession of the applicant on 23.09.2020. Thereafter, the applicant has been connected and implicated in three cases being Case Crime Nos. 333 of 2020, 483 of 2020 and 156 of 2020. In Case Crime Nos. 333 of 2020 and 483 of 2020 the applicant has already been enlarged on bail by the court concerned and the copies of the bail orders have been annexed as Annexure No. 3 to the bail application. In Case Crime No. 156 of 2020 the applicant has been granted bail vide order dated 22.01.2021 by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 3863 of 2021, copy of bail order has not been annexed by the applicant, but he has given the copy of status of bail application of the aforesaid case. It is next submitted that prior to 23.09.2020 the applicant has no criminal history and he has falsely been implicated in this case. The applicant is languishing in jail since 24.09.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Sanjay be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) 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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(iii) In case, the applicant misuses the liberty of bail during trial 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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(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.

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(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.

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(vii) 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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It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its

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independent conclusions on the basis of evidence led unaffected by anything said in this order.

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Order Date :- 25.1.2021 Sunil Kr. Gupta

Sanjay v. State of U.P.

Case brief

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Sanjay v. State of U.P.

Case brief

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