Allowed

Sanju v. State of U.P.

Allahabad HC22 Sept 2022BAIL/39703/2022

Case brief

AI extract

What is this about?

This is a bail application filed under Section 439 CrPC. The applicant was arrested for alleged attempt to murder. He argued for bail on the ground of parity with co-accused. The High Court allowed the bail application without expressing any opinion on the merits of the case.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties subject to conditions regarding conduct and appearance.

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

¶1

Court No. - 81

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39703 of 2022

¶3

Applicant :- Sanju Opposite Party :- State of U.P. Counsel for Applicant :- Kalim Uddin Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mohd. Azhar Husain Idrisi,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

¶6

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 230 of 2022, under Section 307, 401, 398 I.P.C., Police Station Shahganj, District Agra.

¶7

Learned counsel for the submits that on 20.05.2022 an information was given to the police by the informer that four persons are standing near a new construct house and they are making plan to commit a big incident. In the meanwhile, police party reached to the spot and arrested four accused including the applicant and recovery has been made from the possession of applicant a live cartridge 315 bore, from the possession of Ajmeruddin @ Babba a country made pistol 315 bore and a live cartridge 315 bore, from the possession of Irshad Ali @ Buddha a country made pistol and 2 live cartridges and from the possession of Nizam a country made pistol and 2 live cartridges. He further submits that co-accused Ajmeruddin @ Babba, Irshad Ali @ Buddha and Nizam have been granted bail by the co-ordinate Bench of this Court vide orders dated 07.07.2022, 14.07.2022 & 02.08.2022, in Criminal Misc. Bail Application Nos. 27042 of 2022, 27045 of 2022 and 27082 of 2022, therefore, the applicant is entitled for bail on the ground

¶8

of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant is languishing in jail since 21.05.2022.

¶9

Learned AGA for the State opposed the bail application but could not dispute the aforesaid submissions as argued on behalf of the applicant.

¶10

Considering the facts and circumstances of the case and without expressing any opinion on merits of the case, the bail application is allowed.

¶11

Let the applicant- Sanju 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 below. The following conditions be imposed in the interest of justice:-

¶12

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

¶13

(ii) The applicant will not influence any witness.

¶14

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

¶15

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

¶16

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

¶17

Order Date :- 22.9.2022/Israr

¶18

Digitally signed by ISRAR AHMAD Date: 2022.09.26 10:38:07 IST Reason: Location: High Court of Judicature at Allahabad

Sanju v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanju 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

Sayeed Baby Vs State

Sant Lal Chauhan Vs State of U.P.

Pradeep Singh Yadav @ Pradeep Kumar Yadav Vs State of U.P.

Imran Ahmad Vs State of U.P.

Bhura Vs State of U.P.

Mohammad Asif Vs State of U.P.