Anuj Kumar Alias Max Banjara Alias Akash vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Anuj Kumar Alias Max Banjara Alias Akash vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail application allowed; applicant Anuj Kumar Alias Max Banjara Alias Akash directed to be released on bail in Case Crime No. 266 of 2024 on furnishing a personal bond and two sureties each of the like amount, subject to conditions: (i) not to tamper with prosecution evidence, (ii) not to pressurize prosecution witnesses, (iii) to appear on each and every date fixed by the trial court; on breach of any condition the prosecution may move a bail cancellation application before this Court.

Issue for consideration

Whether the applicant Anuj Kumar Alias Max Banjara Alias Akash — not named in the first information report, with no independent witness to the alleged recovery and, apart from his confessional statement in police custody, no substantive evidence against him — who has remained confined for more than seven months with the charge-sheet filed and no hope of early conclusion of trial, is entitled to be enlarged on bail in Case Crime No. 266 of 2024 under Sections 392, 420, 465 I.P.C., P.S. Nai Mandi, Muzaffar Nagar, during pendency of the trial.

Court's answer

On a prima facie view of the record, the applicant was not named in the first information report.

Ratio / Principle

There is no independent witness to the alleged recovery and, except the confessional statement of the applicant in police custody, at this stage there is no substantive evidence against him (sentence continues from paragraph 10 into paragraph 11: 'substantive evidence against him.').

Key takeaways

The applicant, confined for more than seven months with the charge-sheet filed and no hope of early conclusion of trial, and with no reasonable apprehension brought to the fore by the State that if enlarged he would tamper with evidence, delay the trial or intimidate witnesses, is entitled to be enlarged on bail without commenting on the merits of the case.ratio¶11
The applicant is to be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, on conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court; in case of breach, the prosecution is at liberty to move a bail cancellation application before this Court.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Varma, J.), by order dated 3.3.2025 [Neutral Citation 2025:AHC:29697], allowed Criminal Misc. Bail Application No. 7234 of 2025 and enlarged applicant Anuj Kumar Alias Max Banjara Alias Akash on bail in Case Crime No. 266 of 2024 under Sections 392, 420, 465 I.P.C., Police Station Nai Mandi, District Muzaffar Nagar, during pendency of trial. Grounds: the applicant was not named in the first information report; he had been arrested on 11.07.2024 in Case Crime No. 0590 of 2024 (B.N.S. and Arms Act offences, P.S. Kotwali Lalitpur) and was alleged to have been falsely implicated subsequently; the recovery of a country-made pistol, a live cartridge, two Aadhaar cards and Rs. 19,150/- was said to be false and unsupported by any independent witness; apart from his confessional statement in police custody there was no substantive evidence; he had remained confined for over seven months; the charge-sheet stood submitted with no hope of early conclusion of trial; and the State brought forth no reasonable apprehension of tampering with evidence, delaying the trial or intimidating witnesses. Bail was granted on a personal bond with two sureties of the like amount, subject to conditions of non-tampering with evidence, non-pressurization of witnesses and appearance on every date fixed by the trial court, with liberty to the prosecution to seek cancellation on breach.