Allowed

Sani Chhayli @ Sani Sisodiya v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC23 Apr 2024/4389/2024

Case brief

AI extract

What is this about?

Held that the applicant is entitled to bail in a case involving firing at a police party where no injuries were caused, noting that co-accused implicated via custodial statements had already been granted bail.

What did the court decide?

Release of the applicant on bail by executing a personal bond and two sureties subject to conditions not to tamper with evidence, pressurize witnesses, and to appear on all dates.

Sani Chhayli @ Sani Sisodiya Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:31550

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Court No. - 19

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4389 of 2024

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Applicant :- Sani Chhayli @ Sani Sisodiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anjani Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Anjani Kumar Shukla, the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned State Counsel and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 365 of 2023, under Section 399, 402, 307, 34 I.P.C., registered at Police Station Rudauli, District Ayodhya.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 29.07.2023 against five persons, including the applicant, stating that when a police party had intercepted five persons, the accused persons had fired at the police party. Two persons escaped and three persons were arrested. In the custodial statement of the arrested persons, they implicated the applicant also.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in three other cases has been disclosed in para 17 of the affidavit filed in support of the bail application, in all of which he has already been granted bail.

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5.The learned counsel for the applicant has submitted that three co-accused persons, namely, Kanhaiya Lal Sisodiya, Kalu Chhayal @ Abhishek and Bikki Bhaneriya, who had been arrested by the police and on the basis of whose custodial statements, the applicant was implicated, have already been granted bail in the present case, copies of their bail orders have been annexed as Annexure No. 2 to the affidavit filed in support of the bail application. Co-accused Abhishek Bhaneriya @ Kadha has already been granted bail by means of an order dated 22.04.2024 passed by this Court in Crl. Misc. Bail Application No. 4355 of 2024.

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The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that five persons are said to have fired gun shot at the police party but no person has received any injury in the incident; that the applicant has been implicated on basis of custodial statements of co-accused persons and those co-accused persons have already been granted bail in the present case and that the applicant is languishing in jail since 23.02.2024 and without making any observations which may affect the merits of the case, I am of the view that the applicant is also entitled to be released on bail.

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Accordingly, this bail application stands allowed .

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Let the applicant- Sani Chhayli @ Sani Sisodiya be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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Order Date :- 23.4.2024 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Sani Chhayli @ Sani Sisodiya v. State of U.P. Thru. Prin. Secy. Home Lko.

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Sani Chhayli @ Sani Sisodiya v. State of U.P. Thru. Prin. Secy. Home Lko.

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