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2025 DAILYLAW 18402 (ALL)

SANOJ v. STATE OF U.P.

BAIL/5415/2025 · 2025-04-15

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57192 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5415 of 2025 Applicant :- Sanoj Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan,Afzal Husain,Mohammad Asif Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Sanoj , seeking enlargement on bail in Case Crime No.100/2024-25, under Section 26 Indian Forest Act Range Pharenda, Police Station Pharenda, District Maharajganj. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 31.10.2024. Learned counsel for the applicant submits that as per prosecution version that Rajan Kumar Sahni, forest guard with plaintiff and his companions, beat in-charge Khurrampur were patrolling with plaintiff when they reached the reserved forest area P.L.C. No.5, they heard sound of some people walking in the forest. seven people were seen in the light of the torch, who on seeing the torch light and approaching, started running away while brandishing the torch and abusing and threatened to kill him. The applicant was not arrested on the spot and no recovery found in the possession of the applicant. F.I.R. demonstrates that no independent person is witness in the recovery memo. The applicant has involved some other criminal antecedent which has been explained in paragraph no.9 of the affidavit filed in support of the bail application 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 the prayer for bail. Considering all above 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, Sanoj , 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 :- 16.4.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad