Sanjay v. State of U.P.
Case brief
What is this about?
Bail application filed by Sanjay charged with murder under IPC 302 in Uttar Pradesh. Court, noting hostility of a witness and lack of evidence tampering, granted bail subject to conditions regarding cooperation and attendance in trial.
What did the court decide?
Released on bail with personal bond and two heavy sureties subject to conditions ensuring attendance, no tampering, and no delay in trial.
What the court decided
Neutral Citation No. - 2023:AHC:130132
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 545 of 2023
Applicant :- Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Sanjay, seeking enlargement on bail during trial in connection with Case Crime No. 396 of 2022, under sections 302, 201 IPC, P.S. Kotwali Khalilabad, District Sant Kabir Nagar.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. According to post mortem examination report the cause of death is asphyxia as a result of anti mortem strangulation. The applicant is maternal uncle of the deceased. During trial the prosecution witness No. 2 who is real brother of the deceased has not supported the prosecution story and has become hostile. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 20.08.2022 having no criminal history.
Issues for consideration
1 issue framed by the court
Whether an applicant charged with murder and culpable homicide causing death by strangulation should be granted bail despite being an accused in a serious offence.
Parties & counsel
- applicant
Sanjay
- respondent
State of U.P.
Coram
Dr. Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/545/2023
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