Hon'ble Court No. 82 allowed the bail application filed by Sanju Yadav in a cases involving Sections 392, 411, and 414 IPC. The court permitted his release on personal bond and two sureties subject to standard conditions.
Released on bail by furnishing a personal bond and two sureties subject to conditions.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45315 of 2022
Applicant :- Sanju Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vishnu Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant, who is involved in Case Crime No. 452 of 2022, under Sections 392, 411, 414 IPC, Police Station Jasrana, District Firozabad, with the prayer to enlarge the applicant on bail.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further submitted that the first information report has been lodged against unknown person. The applicant is not named in the F.I.R. It is next submitted that false and fabricated recovery has been shown from the possession of the applicant. There is no independent witness of the recovery. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 29.08.2022. The applicant does not have any criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, gravity of offence, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sanju Yadav, involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:
(1) The applicant will not tamper with the prosecution evidence
during the trial.
(2) The applicant will not influence any witness.
(3) The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4) 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.
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.
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 independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 13.10.2022 Sazia
Digitally signed by SAZIA AQUIL Date: 2022.10.13 16:14:45 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant qualifies for bail under the Bail Application filed in Crl. Misc. No. 45315 of 2022.
Sanju Yadav
Mayank Kumar Jain
As recorded by the court registry
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