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Neutral Citation No. - 2025:AHC:30027 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7392 of 2025 Applicant :- Sanju Alias Sanoj Opposite Party :- State of U.P. Counsel for Applicant :- Somdev Dixit Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State-respondent and perused the record. 2. The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 651 of 2022 under Sections 457, 380, 411 of I.P.C., Police Station- North, District- Firozabad, during pendency of the trial. 3.Counsel for the applicant contends that the applicant was not named in the first information report. The applicant was arrested in Case Crime No. 176 of 2023 under Sections 401, 414 I.P.C., Police Station- North, District- Firozabad and has been falsely implicated in the present case. False recovery of ornaments of yellow and white metal, mobile phones, a country made pistol, a live cartridge, Indian currency of Rs.14,500/- and other articles has been shown from the applicant. There is no independent witness to the alleged recovery. The criminal history of the applicant has been explained in paragraph nos. 10 and 11 of the affidavit. The applicant is in jail since 13.03.2023 and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. There is no independent witness to the alleged recovery. At this stage, there is no substantive evidence against the applicant. Further, the applicant has remained confined for almost two years and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6.
Let the applicant- Sanju Alias Sanoj, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 4.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad