Allowed

Sanjeev v. State of U.P.

Allahabad HC3 Jan 2023BAIL/6184/2022

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 6184 of 2022, this court allowed the bail application of the applicant Sanjeev, who was accused under provisions of the Indian Penal Code, directing his release on a personal bond and two sureties with specific conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureadies each in the like amount to the satisfaction of the court below.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6184 of 2022

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Applicant :- Sanjeev Opposite Party :- State of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.320 of 2021 at Police Station-Gunnaur, District-Sambhal under Sections 147, 148, 149, 307, 326, 34 IPC. The applicant is in jail since 13.08.2021.

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The bail application of the applicant was rejected by the learned Sessions Judge, Sambhal at Chandausi on 15.12.2021.

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The following arguments made by Shri Bharat Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned A.G.A. from the record, entitle the applicant for grant of bail:

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(1). The applicant has not been identified as the principal offender who inflicted the grievous gun shot injury on any vital part in the body of the injured.

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(2). The applicant claims congruency in role and seeks parity in relief granted to the co-accused,

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namely, Vijaypal, who has been granted bail by this Court on 05.12.2022 in Criminal Misc. Bail Application No.5616 of 2022.

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(3). Explaining the criminal history of the applicant it is contended that the applicant belongs to the economically poor strata of the society and is convenient scapegoat for the police authorities. The said criminal cases do not depict commission of any heinous criminal offence. The said cases do not have any bearing on the instant bail application.

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(4). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Sanjeev 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:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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

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Order Date :- 3.1.2023 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Sanjeev v. State of U.P.

Case brief

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Sanjeev v. State of U.P.

Case brief

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