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2025 DAILYLAW 74251 (ALL)

SANJAY v. STATE OF U.P.

BAIL/24233/2025 · 2025-08-19

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142557 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24233 of 2025 Applicant :- Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned A.G.A. for the State. 2-By means of this bail application under Section 483 of B.N.S.S., applicant- Sanjay, who is involved in Case Crime No.06 of 2025, under Sections 109, 3(5) of B.N.S., Police Station Didauli, District Amroha seeks enlargement on bail during the pendency of trial. 3-Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. F.I.R. was lodged against the applicant- Sanjay and co-accused Chandan. It is further submitted that role of catching hold has been assigned to the present applicant whereas role of causing knife injury has been assigned to co-accused Chandan, who has already been granted bail by the co-ordinate Bench of this Court vide order dated 23.04.2025 in Criminal Misc. Bail Application No.4595 of 2025, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is also pointed out that the applicant has criminal history of an other case being Case Crime No.387 of 2023, under Sections 323, 504, 506 IPC, Police Station Didauli, District Amroha, in which bail application of the applicant is still pending. The applicant is languishing in jail since 06.01.2025. Lastly, it is submitted that in case, he is enlarged on bail, he will not misuse the liberty of bail. 4-On the other hand, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the factual aspect of the matter as argued on behalf of the applicant. 5-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the case of the applicant stands on better footing to that of co-accused Chandan, who has been enlarged on bail as noted above. Hence, the applicant has made out a case for bail on ground of parity. Accordingly, the bail application is hereby allowed. 6-Let the applicant- Sanjay, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 7-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 20.8.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad