Sanjay Rawat & Anr. v. State Of U.P. Thru. Addl. Chief Secy. Deptt

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release him on bail during the trial in Case Crime No. 434 of 2024, under sections 109, 115(2), 352, 351(3) of BNS, P.S.- Gangaghat, District - Unnao. The contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that the general role have been assigned to all the accused persons for beating the injured persons and out of five injured, four have received simple injuries. He also submits that the injured persons have also not assigned any specific role to the present applicants. He also submits that so far as the grievous injury is concerned, the role of the present applicants cannot be segregated.

Next submission is that the applicants are law abiding citizens, they have no previous criminal history and they are languishing in jail since 16.10.2024. Charge sheet has been filed and as such, there is no possibility that they would tamper the evidences. They undertakes that in case, they are granted bail, they will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicants were involved in committing offence and as such, they are not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicants are languishing in jail since 16.10.2024; prima facie, general role have been assigned to all the accused persons for beating the injured persons; the applicants have no previous criminal history; charge sheet has been filed; there is no cogent piece of evidence against the applicants so as to connect them with the offence coupled with the fact that the applicants have undertaken that in case, they are granted bail, the y will not misuse the liberty of same and would cooperate in the trial proceedings.

Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicants- Sanjay Rawat and Dinesh @ Kishori @ Mantani involved in the aforementioned crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

They shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code; (3) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 10.3.2025 Mohd. Sharif MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench