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2025 DAILYLAW 7327 (ALL)

SANOJ AND ANOTHER v. STATE OF U.P.

BAIL/1226/2025 · 2025-03-17

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38433 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1226 of 2025 Applicant :- Sanoj And Another Opposite Party :- State of U.P. Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- Brij Raj Singh,G.A.,Piyush Chauhan Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Nirbhay Singh, learned counsel for the applicants, learned counsel for the informant, Shri Vijendra Kumar, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants Sanoj and Manoj, seeking enlargement on bail in Case Crime No. 716 of 2024, under Sections 333, 191(2), 191(3), 109, 115(2), 352, 351(3), 308(3) of the Bharatiya Nyaya Sanhita, 2023 and under sections 4/25 of Arms Act, Police Station -Kasganj, District -Kasganj. 3. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 3.11.2024. They have no criminal antecedent and there are no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicants submits that no offence as alleged in the FIR has been made out against the applicants. The F.I.R. dated 03.11.2024 against four named and two unnamed accused persons. Applicant is a named accused. Injuries received to the injured are simple in nature. General role has been assigned to the accused persons in the alleged incident. No specific role has been assigned to any of the accused person. Charge-sheet has been submitted against the applicants in this matter. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicants have no criminal antecedents. 6. Considering all those 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant nos. 1-Sanoj and 2-Manoj, involved in above mentioned case crime number be released on bail, on their 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: i. The applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 18.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad