Sanju @ Sanjeev Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Sanju @ Sanjeev Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Sanju @ Sanjeev to be released on bail on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to conditions: (i) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure, and no tampering with evidence; (ii) sincere cooperation in trial/investigation without seeking adjournments; (iii) no indulgence in criminal activity after release; (iv) attendance in accordance with the conditions of the bond. Breach of any condition to be a ground for cancellation of bail; identity, status and residence proof of the applicant and sureties to be verified by the court concerned before the bonds are accepted.

Issue for consideration

Whether the applicant Sanju @ Sanjeev is entitled to be released on bail during the trial in Case Crime No. 265 of 2025 under Sections 191(2), 115(2), 351(2) and 109 of B.N.S., Police Station Jasrana, District Firozabad. +1 more

Court's answer

Considering the entire facts and circumstances, the submissions of counsel, the co-accused bail orders, and keeping in view the nature of offence, evidence and complicity of accused, and without expressing any opinion on the merits, the applicant is entitled to be enlarged on bail.

Ratio / Principle

Parity was a foundation of the grant of bail: the court decided the application taking into account that co-accused Ramji and Kayam Singh had already been enlarged on bail by coordinate-Bench orders in Criminal Misc. Bail Application No.32019 of 2025 (order dated 18.09.2025) and No.31956 of 2025 (order dated 24.09.2025).

Detailed headnote1 paragraphs

Bail allowed by the High Court of Judicature at Allahabad (Court No. 69; Arun Kumar Singh Deshwal, J.; order dated October 14, 2025) in Criminal Misc. Bail Application No. 31377 of 2025 filed by Sanju @ Sanjeev for release on bail during trial in Case Crime No. 265 of 2025 under Sections 191(2), 115(2), 351(2) and 109 of B.N.S., Police Station Jasrana, District Firozabad. Principal ground: parity — co-accused Ramji and Kayam Singh had already been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 32019 of 2025 (order dated 18.09.2025) and No. 31956 of 2025 (order dated 24.09.2025), copies annexed at pages 22 and 24 of a supplementary affidavit taken on record. Further grounds urged: general allegation against the applicant and other co-accused; a cross-FIR lodged by the applicant against the first informant, with three persons on the applicant's side also injured, leaving the aggressor indeterminate; no criminal history; custody since 12.08.2025; charge sheet already filed, so no custodial interrogation was required. The learned A.G.A. opposed the prayer but could not dispute the aforesaid facts. Bail granted on a personal bond and two sureties each in the like amount, with conditions (no inducement or tampering; cooperation without adjournments; no fresh criminal activity; attendance per bond), breach being a ground for cancellation, and verification of identity, status and residence proof before acceptance of bonds; no opinion expressed on the merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31377 of 2025

Sanju @ Sanjeev

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

Counsel for Applicant(s)	: Harish Chandra
Counsel for Opposite Party(s)	: G.A.

Court No. - 69

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Supplementary affidavit filed by learned counsel for the applicant in Court today, is taken on record.

Heard Mr. Harish Chandra, learned counsel for the applicant and Sri Rakesh Kumar Mishra, learned A.G.A. for the State and perused the record.

Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 265 of 2025, under Sections 191(2), 115(2), 351(2), 109 of B.N.S., Police Station- Jasrana, District Firozabad.

Contention of learned counsel for the applicant is that general allegation has been made against the applicant and other co-accused persons. It is further submitted that co-accused Ramji and Kayam Singh who have already been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.32019 of 2025 vide order dated 18.09.2025 and Criminal Misc. Bail Application No.31956 of 2025 vide order dated 24.09.2025 respectively which is annexed at pages 22 and 24 of the supplementary affidavit filed today. Therefore, he is seeking parity of the orders aforesaid. It is further submitted that for the same incident applicant has also lodged an FIR against the first informant as three persons in the applicant's side were also injured, therefore, it cannot be determined who were the aggressor. He also added that the applicant has no criminal history and he is languishing in jail since 12.08.2025. The charge sheet has already been submitted by the police, therefore, there is no requirement for custodial interrogation, therefore, he is entitled to be enlarged on bail. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

Per contra, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts.

Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and co-accused Ramji and Kayam Singh who have

BAIL No. 31377 of 2025

2

already been enlarged on bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.32019 of 2025 vide order dated 18.09.2025 and Criminal Misc. Bail Application No.31956 of 2025 vide order dated 24.09.2025 respectively which is annexed at pages 22 and 24 of the supplementary affidavit filed today and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant- Sanju @ Sanjeev involved in the aforementioned crime 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, with the following conditions:-

i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

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

iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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.

October 14, 2025 Imtiyaz

(Arun Kumar Singh Deshwal,J.)

Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad