SANJAY KUMAR @ SANJAY AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO AND ANOTHER
ABAIL/2789/2024 · 2025-04-24
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169003 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169003 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23609 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2789 of 2024 Applicant :- Sanjay Kumar @ Sanjay And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And Another Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A.,Rajesh Kumar Pandey Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicants and learned A.G.A. for opposite party no.1-State. As per office report dated 22.01.2025, notice has been served upon opposite party no.2 who has not put in appearance. 2. First anticipatory bail application has been filed with regard to case crime No.414 of 2018, under Sections 307, 147, 148, 149, 323, 325, 336, 427, 452, 504, 506 IPC, P.S. Inayat Nagar, District Faizabad/Ayodhya. 3. As per contents of first information report, incident is said to have taken place on 18.11.2018 at about 11.00 A.M. when applicants along with co-accused are said to have attacked the informant and her family members by inflicting injuries upon them. 4. It has been submitted by learned counsel for applicants that applicants have been falsely implicated in the charges levelled against them as would be evident from a perusal of FIR itself wherein the main gist of allegations of illegally entering the house of informant and indulging in acts of obscenity with her and her minor daughter have been indicated upon co-accused Ram Dhiraj, Pawan Kumar Yadav and while role of firing has been attributed against Ram Dhiraj Yadav. It is submitted that none of the applicants have been indicated has been involved in the said acts with only general allegations levelled against them of having demolished the wall of applicant and causing injuries. 5. Learned A.G.A. has opposed anticipatory bail application with the submission that earlier charge-sheet has been filed against the applicants but the same was rejected and matter was remanded. It is submitted on the basis of instructions that applicants have cooperated during course of investigation and they do not have any other previous criminal history. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is submitted that subsequently charge-sheet has also been filed. 7.
Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8. In view of the above, it is provided that in the event of arrest, the applicants- Sanjay Kumar @ Sanjay, Sanjay Kumar @ Sanjay, Vijay Shankar @ Vijay Shankar Yadav, Sujeet Kumar @ Sujeet Yadav and Kalawati @ Smt. Kalawati shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:- (i) that the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him/her from disclosing such
facts to the court or to any police officer or tamper with the evidence; (ii) that the applicant(s) shall not leave India without the previous permission of the court; (iii) that the applicant(s) shall not pressurize/ intimidate the prosecution witness; (iv) that the applicant(s) shall appear before the trial court on each date fixed unless personal presence is exempted; (v) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail. Any other reasonable restrictions/ conditions which the trial court may deem fit and proper can be imposed.
9. The application stands allowed.
Order Date :- 24.4.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench