Sanjay Singh Parihar Vs State of U.P.

Neutral Citation No. - 2025:AHC:116768

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22983 of 2025

Applicant :- Sanjay Singh Parihar Opposite Party :- State of U.P. Counsel for Applicant :- Kameshwar Singh,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Kameshwar Singh, learned counsel for the applicant, Shri S. K. Rai, learned AGA-I for the State and perused the record.

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This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, Sanjay Singh Parihar, seeking enlargement on bail in Case Crime No. 556 of 2024, under Sections 103 (2), 238, 309 (6), 3 (5), 61 (2), 127 (2), 317 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Akbarpur, District Kanpur Dehat.

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Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 27.11.2024. Learned counsel for the applicant submits that applicant was not named in the FIR. His name surfaced on record on the basis of confessional statement of co-accused Kallu. Co-accused Kallu is the main accused behind the occurrence. Role of firing has been assigned to co-accused Alok and as per post mortem report cause of death has been reported to be Ante Mortem Firearm Injuries and recovery of .315 bore Tamancha has been effected from coaccused Alok. Only scooty and mobile phone have been recovered from the joint possession of applicant and co-accused persons. Learned counsel for the applicant submits that co-accused Devendra, who was not named in the FIR, has already been enlarged on bail by co-ordinate Bench of this Court on 8.4.2025 in Crl. Misc. Bail Application No. 11398 of 2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

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Learned AGA has vehemently opposed the prayer for bail.

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Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the accused-applicant, Sanjay Singh Parihar , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 18.7.2025 Ravi Prakash

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(Ashutosh Srivastava, J.)

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Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad

Sanjay Singh Parihar v. State of U.P.

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