Allowed

Sanjay v. State of U.P.

Allahabad HC17 Mar 2023BAIL/4553/2023

Case brief

AI extract

What is this about?

In bail application under IPC 302, this court allowed bail for the accused who was an eye-witness to a victim's death, subject to conditions regarding tampering with evidence and appearance before the trial court, despite pending trial.

What did the court decide?

Released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned.

Sanjay Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4553 of 2023

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Applicant :- Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 135 of 2022, under Section 302 I.P.C., Police Station Bargaon, District Saharanpur, during the pendency of trial.

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As per prosecution story, the deceased person used to live in the vicinity of the house of the applicant. As he was unmarried, the wife of the applicant used to give him food and other things during the course of the day. In the morning of 23.7.2022 at about 6.00 am, when she had gone to provide tea to him, he was found in a pool of blood. As such, he was found dead.

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Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has further stated that the FIR was lodged against unknown persons and later on in the statement of the wife of the applicant namely, Rita, his name has come up. The only evidence against him is that the applicant was found murmuring in his sleep in an inebriated state, saying that he has removed the thorn in flesh. Learned counsel has next stated that the wife of the applicant, namely Rita, and the deceased person were quite close to each other and even used to drink with each other. Learned counsel has next stated that the said evidence itself is weak and is unsustainable. Learned counsel has vehemently argued the point that the deponent in the present applicant is the said very lady Rita, who happens to be the wife of the applicant. The said statement stands falsified on this account also. Learned counsel has also stated that there is no recovery from the applicant.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 24.7.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the applicant is the only person, who carried the grudge towards the deceased person, as such has committed the said offence. However, learned A.G.A. could not dispute the fact that the only evidence against the applicant is the statement of Rita.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the 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 .

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Let the applicant- Sanjay involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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

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ii. The applicant will not pressurize/ intimidate the prosecution witness.

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

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iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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v. 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 or 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

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before this Court.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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Order Date :- 17.3.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Sanjay v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanjay v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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