High Court
Case Details
Neutral Citation No. - 2025:AHC:26150 Reserved Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44596 of 2024 Applicant :- Sanjay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pranshu Dwivedi,Ram Prakash Dwivedi,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard Sri V.P. Srivastava, learned Senior Advocate, assisted by
Legal Reasoning
Sri Pranshu Dwivedi and Sri Ram Prakash Dwivedi, learned counsels for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. The present third bail application has been filed by the applicant in Case Crime No. 814 of 2020, under Sections – 302, 34 I.P.C., Police Station - Robertsganj, District - Sonbhadra, with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court vide order dated 23.11.2021. 3. The second bail application of applicant was rejected by this Court vide order dated 15.04.2024, which is reproduced as below :- "1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material brought on record. 2. The present second bail application has been filed by the applicant in Case crime No. 814 of 2020, under Sections - 302/34 I.P.C., Police Station - Robertsganj, District - Sonbhadra, with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by the co-ordinate Bench of this Court, vide order dated 23.11.2021. 3. It has been argued by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this case. As per prosecution version, alleged incident has taken place on the open road. Learned counsel has referred the G.D. entry of the police station, which has been annexed along with supplementary affidavit, wherein it was mentioned that the in-charge of police station has received an information that a person was lying near Jaiswal Dhaba in intoxicated condition. No blood spots have been found at the spot. It was submitted that applicant has been falsely implicated merely on the basis of suspicion and there is no reliable evidence that applicant was involved in the incident. The presence of informant at the spot is highly doubtful. Applicant is not the registered owner of the Vehicle No. U.P., 64 AE 0090. 4. It is further submitted that applicant is languishing in jail since 16.12.2020 and only five witnesses have been examined so far and thus the trial of the case of would take sufficient long time. 5. Learned A.G.A. and learned counsel for informant have opposed the prayer for bail and submitted that first bail application of applicant has already been rejected on merits. Applicant is main accused and role of firing has been assigned to him. There is criminal history of six cases against applicant. It is further submitted that during trial all the material witnesses have already been examined before the trial court and only formal witnesses are yet to be examined. 6. Considering the submissions of learned counsel for the parties, nature of accusations, role of applicant and all attending facts and circumstances of the case, no case for bail is made out. 7. Accordingly, the instant bail application filed on behalf of the applicant Sanjay Singh is rejected. 8. However, keeping in view the period of detention of the applicant, the Trial Court is directed to expedite the trial and to conclude the same preferably within a period of one year from the date of receipt of the copy of this order. 9. A copy of this order be transmitted to the concerned trial court for necessary compliance." 4. It is submitted by learned Senior Advocate for applicant that applicant is innocent and he has been falsely implicated in this case. The presence of alleged eye witness at the spot is doubtful. It is further submitted that now all the material witnesses have been examined before the trial court and even some formal witnesses have also been examined. P.W.-1 is informant and P.W.-2 is a formal witness, who recorded the first information report, and P.W.-3 has conducted postmortem. P.W.-4 Prabhu Sharan Yadav in his cross examination has stated that he has not witnessed the incident. It was pointed out that P.W.-9 Ram Narayan Ram has stated that his car was not taken away by the applicant-accused. Learned Senior Advocate further submitted that now there is no possibility of tampering with evidence. The applicant has already undergone the detention of more than four years and there are several formal witnesses, who are yet to be examined. While rejecting second bail application of applicant, it was observed that there was criminal history of six cases against applicant but in fact applicant has previous criminal history of only two cases and out of them, one case is under Arms Act and another case is under Section – 147, 419, 420, 467, 468, 471, 472, 504 and 506 I.P.C.. The criminal history of applicant has duly been explained. Learned Senior Advocate has referred case of Prabhat Gangwar Vs. State of U.P. (Criminal Misc. Bail Application No. 2586 of 2023) and submitted that in view of aforesaid facts and period of detention, the applicant may be released on bail. Lastly, it was submitted that applicant is languishing in jail since 16.12.2020 and that in case, applicant is enlarged on bail, he shall not misuse the liberty of bail and will co-operate during trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that applicant has been assigned role of firing at deceased. The first and second bail application of applicant have already been rejected by this Court. There is criminal history of two cases against applicant. 6. Considering submissions of learned counsel for the parties and all attending facts, particularly the period of detention and stage of trial, without expressing any opinion on merits, it appears just and proper to release the applicant on bail. Hence, the present third bail application is hereby allowed. 7. Let the applicant - Sanjay Singh involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: (i) The applicant will not tamper with the evidence during trial. (ii) The applicant will not pressurize/intimidate the prosecution witnesses. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 8. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 24.2.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad