Allowed

Sanjay Kumar v. State of U.P.

Allahabad HC24 Jan 2025BAIL/555/2025

Case brief

AI extract

What is this about?

Bail application under BNSS 2023 for an accused in Case Crime No. 952 of 2024 under Sections 8/20/29 NDPS Act, Sonbhadra, argued on parity with two bailed co-accused. Court found a case for bail without commenting on merits and released the applicant on personal bond and two sureties with standard conditions.

What did the court decide?

Applicant released on bail on executing personal bond and two reliable sureties, subject to four conditions including no tampering with evidence and regular trial attendance.

Sanjay Kumar vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:73914

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 555 of 2025

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Applicant :- Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Counter affidavit filed in the Court today is taken on record.

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Heard Shri Prateek Srivastava, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-respondents 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 Kumar, seeking enlargement on bail in Case Crime No. 952 of 2024, under Sections 8/20/29 of the NDPS Act, Police Station- Robertsganj, District- Sonbhadra.

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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 09.12.2024. Learned counsel for the applicant submits that similarly placed coaccused, namely, Dharmendra Bind Alias Mahendra and Ajay Maurya have already been enlarged on bail of this Court by orders dated 22.04.2025 and 01.05.2025 passed in Criminal Misc. Bail Application Nos. 2675 of 2025 and 606 of 2025 respectively, copy of the bail orders produced by learned counsel for the applicant are taken on record. He further submitted that since the role of the applicant is identical to that of co-accused, Dharmendra Bind Alias Mahendra and Ajay Maurya, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. 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

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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 Kumar , 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 :- 7.5.2025 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Sanjay Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanjay Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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