Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:34953 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8286 of 2025 Applicant :- Sanjay Jaisawal Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri L.M. Singh, Advocate has filed his vakalatnama on behalf of the informant, the same is taken on record.
2. Supplementary affidavit, filed by the counsel for the applicant, is taken on record.
3. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.
4. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 346 of 2024, under Sections 447, 427, 419, 420, 467, 468, 471 I.P.C., Police Station- Chakeri, District- Kanpur Nagar during pendency of the trial.
5. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The case is purely civil in nature. The applicant as well as the informant both are claiming rights on the disputed property. Civil suit with regard to the property in dispute is pending before the court of competent jurisdiction. The applicant has neither cheated the informant nor forged any documents. The ingredients of section 420 IPC are not made out. The instant prosecution has been instituted only for the purposes of harassment. The applicant does not have any criminal history. The applicant is in jail since 27.1.2025. In case he is enlarged on bail, he will not misuse the said liberty.
6. Learned A.G.A. and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid
submissions from the record.
7. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the case is purely civil in nature. Civil suit with regard to the property in dispute is pending before the court of competent jurisdiction. The applicant has no
criminal antecedents. Further the applicant has presently remained confined for more than one month and there is no hope of early conclusion of trial, more so when 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 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.
8. Let the applicant, Sanjay Jaisawal 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 tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.
9. 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 :- 10.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad