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2025 DAILYLAW 56140 (ALL)

SACHIN @ DAGA KANAUJIYA v. STATE OF U.P.

BAIL/15927/2025 · 2025-05-29

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93737 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15927 of 2025 Applicant :- Sachin @ Daga Kanaujiya Opposite Party :- State of U.P. Counsel for Applicant :- Neelam Singh,Preet Pal Singh Rathore Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Preet Pal Singh Rathore, learned counsel for the applicant, Shri Anil Kumar Singh, 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, Sachin @ Daga Kanaujiya, seeking enlargement on bail in Case Crime No. 405 of 2024, under Sections 109 (1), 352, 351 (3), of the Bharatiya Nyaya Sanhita, 2023 and Section 4/25 of Arms Act, Police Station Kalyanpur, District Kanpur Nagar. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 17.9.2024. Learned counsel for the applicant submits that FIR has been lodged against 09 persons with general allegation. In the prosecution story, it is alleged that applicant was having armed with Chapar, however, recovery of Karchuli has been effected from the possession of the applicant. In the previous medical report, the injuries suffered by the injured are simple in nature however, in the second medical report, the injuries have been shown to be muscle deep injuries. Thus, the medical report are manipulated one. Learned counsel for the applicant submits that co-accused Subodh and Rishabh have already been granted bail by this Court in Crl. Misc. Bail Application No. 42698 of 2024 on 20.2.2024. He has five cases of criminal antecedent, which have sufficiently 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 the prayer for bail. Considering all above 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, Sachin @ Daga Kanaujiya , 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 :- 30.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad