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2025 DAILYLAW 32518 (ALL)

SANJAY NAGPAL v. STATE OF U.P.

BAIL/9725/2025 · 2025-04-22

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61564 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9725 of 2025 Applicant :- Sanjay Nagpal Opposite Party :- State of U.P. Counsel for Applicant :- Rabindra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Rabindra Tiwari, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 402 of 2024, under Sections 69, 115(2), 316(2), 318(4), 351(2), 351(3) of BNS, Police Station - Republic Crossing, District - Ghaziabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have befriended the victim on the pretext that he shall complete her insurance papers and has established corporeal relationship with her on the false promise of marriage. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations made in the FIR are false. The victim is a married lady and it was not possible for the applicant to marry her during the subsistence of her earlier marriage as she has not got her marriage dissolved. 6. Learned counsel has also stated that criminal history of two cases assigned to the applicant has been explained and both the cases are triable by Magistrate. The applicant is languishing in jail since 06.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Sanjay Nagpal, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 23.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad