Allowed

Sanju Alias Sanjeev Chaturvedi v. State of U.P.

Allahabad HC6 Aug 2022BAIL/27258/2022

Case brief

AI extract

What is this about?

This bail application was allowed on the ground of parity. Two co-accused in the same robbery case had already been released on bail. The court held the applicant was entitled to similar relief without commenting on the merits of the charge.

What did the court decide?

Release on personal bond and two sureties subject to conditions of not tampering with evidence, not influencing witnesses, appearing in court, and no inducement.

Sanju Alias Sanjeev Chaturvedi Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 79

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27258 of 2022

¶3

Applicant :- Sanju Alias Sanjeev Chaturvedi Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Vidyarthi,J.

¶5

1.Heard Sri Dileep Kumar, the learned counsel for the applicant, Sri Jitendra Kumar Jaiswal, the learned Government Advocate and perused the record.

¶6

2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 194 of 2020, under Sections 392, 411 IPC, Police Station Baruwasagar, District Jhansi during pendency of the trial in the Court below.

¶7

3.The aforesaid case has been registered on the basis of a first information report lodged by the informant alleging a robbery of Rs. 2.50 lacs from his Munim.

¶8

4.As per the prosecution case, on 15.09.2020, a police team led by the Station House Officer, intercepted three persons on the basis of an information received from an informer and it is alleged that all of them fired at the police party. As per the prosecution case, all the three persons were apprehended and two of the persons have got injury in their right foot below the knee and the third person got an injury in both the legs below the knee. No member of the police party received any injury in the incident.

¶9

5.In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent; that he has been falsely implicated in the present case and that he is languishing in jail since 22.10.2020. The affidavit asserts that nothing has been recovered from the applicant and the recovery shown from him is fabricated.

¶10

6.In paragraph -7 of the affidavit filed in support of the bail application, it has been stated that apart from the present case the applicant has been implicated in three more cases. In one case namely Case Crime No. 215 of 2020, under Sections 307, 332 IPC, Police Station Baruwasagar District Jhansi, the applicant has been granted bail by means of an order dated 21.02.2022 passed by the learned court below.

¶11

7.The learned counsel for the applicant has submitted that both the other co-accused persons namely Rajababu Chauhan and Rajdeep Chauhan who are alleged to have been apprehended along with the applicant, have already been granted bail by means of an order dated 23.03.2021 passed by this Court in Criminal Misc. Bail Application No. 10673 of 2021.

¶12

8.The learned counsel for the applicant has further stated that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail. Therefore, the applicant is entitled to be released on bail on the ground of parity.

¶13

9.The applicant is languishing in jail since 22.10.2020.

¶14

10.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.

¶15

11.Keeping in view the fact that the other two co-accused persons have already been granted bail and the allegations against the applicant are similar to that set up against the coaccused, I am of the view that the applicant is also entitled to be released on bail.

¶16

12.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.

¶17

13.Let the applicant - Sanju Alias Sanjeev Chaturvedi be released on bail in Case Crime No. 194 of 2020, under Sections 392, 411 IPC, Police Station Baruwasagar, District Jhansi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

¶18

(i) The applicant will not tamper with the evidence during the trial.

¶19

(ii) The applicant will not influence any witness.

¶20

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

¶21

(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such

¶22

facts to the Court to any police officer or tamper with the evidence.

¶23

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

¶24

Order Date :- 6.8.2022 Ashish Pd.

¶25

Digitally signed by ASHISH PRASAD Date: 2022.08.08 17:39:19 IST Reason: Location: High Court of Judicature at Allahabad

Sanju Alias Sanjeev Chaturvedi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanju Alias Sanjeev Chaturvedi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Aakash Vs State of U.P.

Mannan Vs State of U.P.

Shaleem Vs State of U.P.

Ram Newaj Yadav and 2 Others Vs State of U.P.

Marks Savar Vs State of U.P.

Sheebu @ Akram Vs State of U.P.