Allowed

Shenju @ Sanju v. State of U.P.

Allahabad HC27 Jan 2023BAIL/58843/2022

Case brief

AI extract

What is this about?

Hon'ble Judge Deepak Verma granted bail to the applicant in a case under the U.P. Gangsters and Anti Social Activities Act, 1986. The court allowed the bail application subject to furnishing a personal bond and two sureties, with specific conditions regarding evidence tampering, cooperation in trial, and avoiding further criminal activities.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in like amount, subject to verification and specific conditions of conduct.

Shenju @ Sanju Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58843 of 2022

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Applicant :- Shenju @ Sanju Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 418 of 2001 (Special Case No. 176 of 2007), under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Kotwali Dehat, District Bulandshahar, during pendency of the trial.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, the applicant is said to have been involved in two cases in which he has already been acquitted by the court below, copy of the acquittal orders is annexed as Annexures-3 & 4 to the affidavit filed in support of the bail application. The applicant is not a member of any gang. It is further submitted that co-accused Gajendra Singh has already been granted by the coordinate Bench of this Court. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 7.11.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, 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, Shenju @ Sanju be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order,

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the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 27.1.2023 Vandana

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Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad

Shenju @ Sanju v. State of U.P.

Case brief

What is this about?

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Shenju @ Sanju v. State of U.P.

Case brief

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