ANUJ KUMAR ALIAS MAX BANJARA ALIAS AKASH JADAV v. STATE OF U.P.
BAIL/5804/2025 · 2025-05-06
Ashutosh Srivastava
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 20811 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20811 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:73844 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5804 of 2025 Applicant :- Anuj Kumar Alias Max Banjara Alias Akash Jadav Opposite Party :- State of U.P. Counsel for Applicant :- Manava Nand Chaurasiya,Saroj Kumari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Manvanand Chaurasiya learned counsel for the applicant and Shri Purshottam Maurya, 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,Anuj Kumar Alias Max Banjara Alias Akash Jadav, seeking enlargement on bail in Case Crime No. 590 of 2024, under section 318, 336, 338 and 109 B.N.S. and Section 3/25 of Arms Act, Police Station-Kotwali Lalitpur, District-Lalitpur.
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
12.07.2024. First Information Report has been lodged on 11.07.2024 with the allegation that on the information of informer the the police party has tried to stop the applicant and other co- accused persons, the applicant opened fire on the police party and the informant and other police personnels anyhow save themselves and arrested the applicant and other co-accused persons. Learned counsel for the applicant submits that this is no injury case as no police personnel sustained any injuries. Recovery of one 315 bore country made pistol and Rs. 19,150/- shown from the applicant are planted one. Learned counsel for the applicant further submits that the applicant is in jail since last more than nine months. There is no eye witness of the aforesaid recovery. Criminal history of 3 cases has been explained 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, Anuj Kumar Alias Max Banjara Alias Akash Jadav 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 :- 7.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad