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2025 DAILYLAW 44092 (ALL)

SANJEEV @ SANOJ v. STATE OF U.P.

BAIL/12870/2025 · 2025-04-27

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65541 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12870 of 2025 Applicant :- Sanjeev @ Sanoj Opposite Party :- State of U.P. Counsel for Applicant :- Anjeet Singh Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant bail application under Section 483 of B.N.S.S. has been filed for bail in Case Crime No.09 of 2025, under Sections 137(2), 87, 351(2), 316(2) of B.N.S., Police Station - Dhata, District - Fatehpur. 2. Learned counsel appearing on behalf of the applicant has submitted that applicant is innocent person and he has not committed any offence as alleged in the F.I.R. It is further submitted that there are only allegation against the applicant that applicant fell in love and the victim went with the applicant on her own sweet will and she was not forced by the applicant to go with him. Due to some misunderstanding between applicant and the victim, she made the allegation against the applicant. It is also submitted that after completion of investigation charge sheet has been filed on 20.02.2025 and cognizance has been taken by the competent court on 18.04.2025. It is further submitted that applicant is the man of clean antecedents and he has no previous criminal history. Applicant is languishing in jail since 07.02.2025. 3. Taking into consideration the aforesaid facts, it is prayed on behalf of applicant that he may be released on bail in the aforesaid crime. It is further undertaken by learned counsel for the applicant that applicant shall abide by all terms and conditions as imposed by this Court. 4. Per contra, learned AGA vehemently opposed the bail application of applicant, but he has not contradicted the facts as stated by learned counsel for the applicant during arguments. 5. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 6. It is admitted fact that applicant is the man of clean antecedent and he has not committed any offence as alleged in the F.I.R., the charge sheet has been filed and cognizance has been taken, there is no material on record to show that the applicant will not cooperate in the trial or will influence the witness, applicant is languishing in jail above two months and there is no possibility of completion of trial in near future. 7. Taking into consideration all the entirety of the matter as discussed above, without expressing any finding or opinion on merits of the case, the applicant is releasing on bail. Accordingly, the bail application is allowed. 8. Let the applicant - Sanjeev @ Sanoj, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Fifty Thousand) 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 shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 28.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad