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Neutral Citation No. - 2025:AHC:20153 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43398 of 2024 Applicant :- Sanjay Singh @ Chhedi Opposite Party :- State of U.P. Counsel for Applicant :- Neelesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Neelesh Kumar Mishra, learned counsel for the applicant and Shri Arimardan Yadav, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Sanjay Singh @ Chhedi, seeking enlargement on bail in Case Crime No. 273 of 2022 under Sections 3/5/25 Arms Act, Police Station-Sarnath, District-Varanasi. This Court vide orders dated 26.11.2024 and 15.01.2025 has
directed the learned A.G.A. to seek instructions regarding the status of the trial and verify and apprise the court with regard to averments made in paragraph no. 9 of the affidavit filed in support of bail application. At the very outset learned A.G.A. submits that despite the letters dated 28.11.2024 and 06.02.2025, with regard to query of the Court, the authority concerned has not paid any heed.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since
19.07.2022. First Information Report has been lodged on 19.07.2022 against three persons including the applicant. Learned counsel for the applicant submits that the applicant is in jail since last two and half years. Criminal history of 13 cases has been explained in paragraph no. 9 of the affidavit filed in support of the bail application out of which in 9 cases the applicant has been
acquitted 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. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those facts and circumstances, the nature of 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. Accordingly, the bail application is allowed. Let the accused-applicant, Sanjay Singh @ Chhedi, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 11.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad