Sanjeev vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Sanjeev vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Sanjeev directed to be released on bail on furnishing a personal bond and two sureties of the same amount before the court having jurisdiction over the said offence, subject to the five enumerated conditions; trial court empowered to cancel the bail on any breach.

Issue for consideration

Whether applicant Sanjeev, in custody since 28.12.2024 in connection with Case Crime No. 0354/2024 under Sections 110/115(2)/352/351(3) BNS at Police Station Ganj, District Sambhal, should be released on bail notwithstanding the Additional Public Prosecutor's objection based on the gravity and seriousness of the alleged offence.

Court's answer

On consideration of the witness statement produced with the application, the Court found it clear that the accused had not committed the main offence (had played no principal role in it); the applicant was accordingly deemed innocent (nirdosh) and, being in jail since 28.12.2024, merited release on bail.

Ratio / Principle

Weighing holistically the available material on record and the reports, the nature and gravity of the allegation (including the Additional Public Prosecutor's strong objection thereto), and the absence of likelihood of tampering with incriminating material or of intimidating or harming witnesses, the Court held that there were appropriate grounds for releasing the applicant on bail.

Key takeaways

Without commenting on the ultimate merits of the case, the Court ordered the applicant's release on bail upon furnishing a personal bond and two sureties of the same amount before the court competent to exercise jurisdiction over the said offence, subject to the conditions enumerated below.ratio¶12
Conditions of release imposed: (i) the applicant shall not tamper with or otherwise interfere with evidence or documents bearing on the trial/examination; (ii) he shall not threaten or seek to influence witnesses or records/documents; (iii) he shall obey the orders of the court, appear punctually on scheduled dates without causing unnecessary delay, and cooperate honestly in the trial; (iv) he shall not misuse the liberty of bail nor commit similar or any other offence or criminal act; and (v) he shall not directly or indirectly threaten, promise or exert pressure on any person or public official connected with the facts of the matter so as to deter them from disclosing facts to the courts.ratio¶13

Detailed headnote1 paragraphs

Criminal Misc. Bail Application No. 6078 of 2025 (Neutral Citation No. 2025:AHC:62558), High Court of Judicature at Allahabad, Court No. 86, decided on 24.4.2025 by Dr. Gautam Chowdhary, J. — Applicant Sanjeev, implicated in Case Crime No. 0354/2024 under Sections 110/115(2)/352/351(3) of the BNS at P.S. Ganj, District Sambhal, and in custody since 28.12.2024, sought release on regular bail; counsel for the State (G.A.) objected citing the gravity and serious nature of the offence. Relying on the eyewitness statement dated 25.11.2024 (about 1.00 p.m.) of Dhirendra s/o Hakim produced in support of the application, the Court found it 'clear' that the accused had not committed the main offence and that the applicant appeared innocent; further weighing the material on record, the nature of the allegation and the absence of any likelihood of tampering with incriminating material or of intimidating witnesses, the Court held there were adequate grounds for release. Without commenting on the ultimate merits, the Court granted bail on execution of a personal bond together with two sureties of the like amount before the court competent to deal with the said offence, subject to five conditions (non-tampering with evidence/documents; no threat or influence to witnesses or records; obedience to court orders and punctual appearance without unnecessary delays; no misuse of the liberty of bail and no commission of similar or other offences; no direct or indirect threat, promise or pressure on witnesses or officials), any breach whereof would entitle the trial court to cancel the bail forthwith.