Sanjay Yadav vs State Of U.P.
2021 Latest Caselaw 4536 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46354 of 2020
 

 
Applicant :- Sanjay Yadav
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Sameer Jain
 
Counsel for Opposite Party :- G.A.,Harishchandra Dubey,Shyam Narayan Verma
 

 
Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 330 of 2020, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, Police station Shivpur, District Varanasi during the pendency of trial.

According to the gang chart, the applicant is said to have been involved in three cases being Case Crime No.154 of 2019, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Shivpur, District Varanasi; Case Crime No.201 of 2019, under Sections 419, 420, 467, 468, 471, 120-B I.P.C, Police Station Shivpur, District Varanasi and Case Crime No.210 of 2019, under Section 419, 420, 467, 468, 471 and 120-B I.P.C., Police Station Shivpur, District Varanasi.

It is submitted by learned counsel for the applicant that in Case Crime No.154 of 2019 initially arrest of applicant was stayed by the Division Bench of this Court vide order dated 03.05.2019 passed in Criminal Misc. Writ Petition No.11804 of 2019 till submission of police report under Section 173(2) Cr.P.C., thereafter, charge sheet has been submitted in this case and applicant has been granted bail vide order dated 24.03.2021 passed in Criminal Misc. Bail Application No.12402 of 2021 and in Case Crime No.201 of 2019 also initially arrest of applicant was stayed by the Division Bench of this Court vide order dated 28.05.2019 passed in Criminal Misc. Writ Petition No.14651 of 2019 till the submission of police report under Section 173(2) Cr.P.C. and after submission of charge sheet in the said case, applicant preferred Application U/s 482 Cr.P.C. 4845 of 2020, in which interim protection has been granted by this Court vide order dated 04.02.2020. So far as third case being Case Crime No.210 of 2019 is concerned, it is submitted that in the said case also arrest of applicant was stayed by the Division Bench of this Court vide order dated 28.05.2019 passed in Criminal Misc. Writ Petition No.14645 of 2019 and after submission of charge sheet, applicant and another preferred Application U/s 482 Cr.P.C. No.1359 of 2020, which was connected with Application U/s 482 Cr.P.C. No.14137 of 2020 of co-accused Guru Prasad and 2 others, wherein further proceedings of Criminal Case No.8451 of 2020, arising out of Case Crime No.210 of 2020 has been stayed.

It is further submitted by learned counsel for the applicant that applicant has criminal history of other cases being Case Crime No.254 of 2009, in which final report dated 09.09.2009 was submitted in favour of the applicant and the same was accepted by the Magistrate concerned vide order dated 09.09.2009. Against the said order, informant preferred Criminal Revision No.410 of 2010, which was dismissed vide order dated 04.06.2011 by the Additional Sessions Judge, Court No.6 Varanasi. In Case Crime No.161 of 2010 and Case Crime No. 118 of 2013, in which applicant has been acquitted by the trial court vide judgment and orders dated 24.01.2017 and 24.07.2019 respectively. In Case Crime No.215 of 2019, it is submitted that charge sheet has been submitted on 20.12.2019 against other co-accused persons and applicant is not charge sheeted in the said case. He has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 22.10.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail. It is also submitted that Mr. Harishchandra Dubey and Shayam Narayan Verma, learned counsel who have filed their appearance slip in this case to oppose this bail application, have no locus to appear in the present case, because FIR in this case has been lodged by the police and learned A.G.A. is appearing on behalf of State.

Per contra learned A.G.A. has opposed the bail prayer of the applicant but does not dispute the submission of learned counsel for the applicant regarding the criminal history of applicant as mentioned above.

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.

Let the applicant Sanjay Yadav be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

Order Date :- 24.3.2021

P.S.Parihar