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Sanjeev vs State Of U P

High Court Of Judicature at Allahabad|19 December, 2018
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JUDGMENT / ORDER

Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41724 of 2018 Applicant :- Sanjeev Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhan Dubey,Surya Bhan Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Supplementary affidavit filed by learned AGA is taken on record.
Heard Sri Chandra Bhan Dubey, learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.
It has been submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that false recovery has been shown nothing has been recovered from the possession of the applicant. It is further submitted that there is no evidence to connect the applicant with the present matter. There is no independent witness of the alleged offence/recovery. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. It is further submitted that applicant has no previous criminal history and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Learned counsel for the applicant further submits that co-accused Mohd.Sabir has already been granted bail by this Court vide order dated 4.12.2018 passed in Bail Application No.46239 of 2018. Applicant is in jail since 2.7.2018, and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant Sanjeev, be released on bail in Case Crime No. 163 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station- Quoldiya, district- Bareilly, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/court concerned subject to following conditions:--
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 19.12.2018 saqlain
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Title

Sanjeev vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
19 December, 2018
Judges
  • Vivek Kumar Singh
Advocates
  • Chandra Bhan Dubey Surya Bhan Dubey