Allahabad High Court
Sanjay vs State Of U.P. on 9 July, 2019
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17513 of 2017
Applicant :- Sanjay
Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Shanker,Ajay Kumar,Desh Ratan Chaudhary,Vineet Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri D.R. Chaudhary, learned counsel for the applicant and learned A.G.A. for State.
2. The present bail application has been moved by accused-applicant for enlarging him on bail in Case Crime No. 78 of 2014, under Section 302 IPC, Police Station Kasna, District Gautam Budh Nagar.
3. Learned counsel for the applicant submitted that the applicant has falsely been implicated. It is further submitted that the two eye-witnesses mentioned in the First Information Report were chance witnesses and have been set up. It is also submitted that it was a case of blind murder and no one has seen the commission of the crime. It is also submitted that in the first information report, 3 accused were named namely Sanjay, Narendra and Virendra. However, during investigation, the Informant added names of two more persons namely Titu Dujana and Ranpal Dujana. It is also submitted that the prosecution had been improving the case from time to time. It is next submitted that the present applicant has no criminal antecedents. However, the two newly added accused during investigation namely Titu Dujana and Ranpal Dujana have criminal antecedents. The applicant is in jail since 16.10.2016 and in case he is enlarged on bail, he will not misuse liberty of bail. It is further submitted that during trial the first informant- Sunder has supported the prosecution story however, the other eye-witness named in the FIR, Sunil has since been declared hostile by the prosecution even though he is also relative of the deceased. Learned counsel for the applicant also referred to the record of the Kailash Hospital, Noida wherein the entry is of an unknown male aged about 45 years. Reference is also made to the inquest according to which the Police was informed by the driver of the Ambulance of Kailash Hospital namely Girish Kumar and there is no mention either of the informant- Sunder or the other eye-witness, Sunil who claimed to have carried the deceased in an injured state to the hospital. On such submissions prayer for bail has been made. It is also stated the Narendra, who has also assigned same role has been granted bail by this Court vide order dated 11.04.2019 passed in Criminal Misc. Bail Application No. 11029 of 2016.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the case, I think it appropriate to release applicant on bail.
6. The application is allowed.
7. Let applicant, Sanjay, involved in Case Crime No. 78 of 2014, under Section 302 IPC, Police Station Kasna, District Gautam Budh Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant will not temper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before Trial Court on the date fixed.
(iv) The applicant shall report to the Police Station concerned in the first week of each month to show his good conduct and behaviour.
8. In case of breach of any of above conditions by applicant, the Court below shall be at liberty to cancel his bail.
Order Date :- 9.7.2019
AK
