Allowed

Sanjay Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC1 Feb 2024BAIL/1122/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, Lucknow Bench allowed the bail application filed by Sanjay Singh. The court held that the applicant has made out a case for bail, citing the principle that bail is a rule and jail is an exception, and ordered his release on personal bond and sureties.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties in the like amount subject to specified conditions.

Sanjay Singh vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:58547

¶2

Court No. - 31

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1122 of 2024

¶4

Applicant :- Sanjay Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dhananjay Trivedi Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

Heard Shri Dhananjay Trivedi, learned counsel for the applicant as well as Shri Nikhil Singh, learned A.G.A.-I for the State through Video Conferencing and perused the record.

¶7

Applicant seeks bail in Case Crime No.158 of 2022, under Sections 307, 394, 411 I.P.C., Police Station- Hargaon, DistrictSitapur, during the pendency of trial.

¶8

Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. The case of the applicant is at par with other co-accused persons. Although the applicant has been shown to be prime accused as he is stated to have fired at the informant/injured person, but he has been nominated on the basis of statement of coaccused person and his own statement before the police, which is not admissible in evidence.

¶9

Learned counsel for the applicant has further stated that the criminal history assigned to the applicant stands explained in paragraph-15 of the affidavit filed with bail application. 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. The applicant is languishing in jail since 30.3.2022 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶10

Per contra, the bail application has been opposed but the submissions raised by the learned counsel for the applicant could not be disputed.

¶11

The Supreme Court in Prabhakar Tewari Vs. State of U.P. and another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case of bail is made out.

¶12

The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception.

¶13

A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been recapitulated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690 .

¶14

Reiterating the aforesaid view the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024 INSC 595 has again emphasised that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that “bail is a rule and jail is an exception” .

¶15

Learned AGA could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

¶16

It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA.

¶17

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and 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.

¶18

Let the applicant- Sanjay Singh involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of

¶19

the court concerned subject to following conditions.

¶20

(i) The applicant shall not tamper with evidence.

¶21

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶22

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶23

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 based on the testimony of the witnesses.

¶24

Order Date :- 28.8.2024 Vikas/-

¶25

(Justice Krishan Pahal)

¶26

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad, Lucknow Bench

Sanjay Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

Sanjay Singh v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Shoib Barni vs State of Upand Another

Girish Gandhi (Girish Kumar Gandhi) vs State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Sectt. Lko

Akash Verma vs State of U.P. and Another

Sanjay Singh vs State of U.P. Thru. Prin. Secy. Home Lko.

Sriniwas and 3 Others vs State of Up and Another

Rajman Alias Raju Yadav vs State of Up and 3 Others