Allowed¶12

Sanjay Trikha@ Sanjay v. State of U.P.

Allahabad HC20 May 2022BAIL/18646/2022

Case brief

AI extract

What is this about?

Allahabad High Court bail order dated 20.5.2022 by Hon'ble Chandra Kumar Rai, J. in CRIMINAL MISC. BAIL APPLICATION No. 18646 of 2022 (Sanjay Trikha @ Sanjay v. State of U.P.); Case Crime No. 346 of 2022, Section 2/3 U.P. Gangsters and Anti Social Activities Prevention Act, 1986, P.S. Sadar Bazar, District Shahjahanpur; bail allowed on personal bond and two sureties; counsel: Jitendra Singh for applicant, Brijesh Kumar Singh (A.G.A.) for State.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the four conditions enumerated in the order. ¶12

Sanjay Trikha@ Sanjay Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, Sanjay Trikha @ Sanjay, is entitled to be released on bail in Case Crime No. 346 of 2022 under Section 2/3 U.P. Gangsters and Anti Social Activities Prevention Act, 1986, Police Station Sadar Bazar, District Shahjahanpur, during pendency of trial.

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Court's answer

In view of the facts and circumstances of the case and the submissions made by learned counsel for the applicant and the learned A.G.A., and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

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Ratio / Principle

The applicant shall be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (1) he will not tamper with the evidence during the trial; (2) he will not influence any witness; (3) he will appear before the trial court on the date fixed unless personal presence is exempted; and (4) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Key takeaways

In case of breach of any of the above conditions, the prosecution shall be at liberty to move a bail cancellation application before this Court.ratio¶17

Detailed headnote1 paragraphs

Bail granted - Gangsters Act, S. 2/3 (U.P. Act 1986): The High Court of Judicature at Allahabad (Chandra Kumar Rai, J.) allowed CRIMINAL MISC. BAIL APPLICATION No. 18646 of 2022 and ordered release of applicant Sanjay Trikha @ Sanjay, booked in Case Crime No. 346 of 2022, P.S. Sadar Bazar, District Shahjahanpur, under Section 2/3 U.P. Gangsters and Anti Social Activities Prevention Act, 1986. The gang chart showed two cases against the applicant in which he had been released on bail, besides two other cases (not shown in the gang chart) in which he was also on bail; counsel contended he was neither a leader nor a member of any gang and had been in jail since 14.04.2022, and the learned A.G.A. could not dispute these facts. Without expressing any opinion on the merits, the Court directed release on a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence, no influencing witnesses, appearance before the trial court, no inducement/threat/promise), with liberty to the prosecution to move for cancellation on breach. Order dated 20.5.2022.

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18646 of 2022

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Applicant :- Sanjay Trikha@ Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Mr.Jitendra Singh, learned counsel for the applicant, Mr.Brijesh Kumar Singh, learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of the applicant-Sanjay Trikha @ Sanjay with a prayer to release him on bail in Case Crime No. 346 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities Prevention Act, 1986, Police Station-Sadar Bazar, District-Shahjahanpur, during pendency of trial.

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Learned counsel for the applicant has contended that he has been falsely implicated in this case and he does not indulge in any unlawful activity as provided in Gangsters Act and, therefore, no case is made out against the applicant. It is submitted by learned counsel for the applicant that in the present case two cases have been shown in the gang chart against the applicant in which the applicant has been released on bail, copies of the same have been annexed as Annexure Nos 3 and 4 to the affidavit filed in support of the bail application. Apart from these cases, there are two other cases against the applicant, which have not shown in the gang chart, in which applicant is also on bail, copy of the same has been annexed as Annexure Nos.5 and 6 to the affidavit. It is contended that applicant is neither a leader nor a member of any gang and he is in jail since 14.04.2022.

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Lastly, it is submitted by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact.

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In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and

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learned A.G.A., and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

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Let the applicant-Sanjay Trikha @ Sanjay involved in the aforesaid case 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;

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 20.5.2022

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Digitally signed by PRITI SHARMA Date: 2022.05.20 16:11:32 IST Reason: Location: High Court of Judicature at Allahabad

Sanjay Trikha@ Sanjay v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanjay Trikha@ Sanjay v. State of U.P.

Case brief

What is this about?

What did the court decide?

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What the court decided

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