Allahabad High Court
Sanjay Singh vs State Of U.P. on 2 August, 2021
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- BAIL No. - 5309 of 2021 Applicant :- Sanjay Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Tiwari,Ravindra Kumar Dwivedi Counsel for Opposite Party :- G.A.,Sushil Kumar Singh Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant as well as Mr. Aniruddh Kumar Singh, learned A.G.A. for the State of U.P. and Mr. Sushil Kumar Singh, learned counsel for the complainant and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.06 of 2021, under Sections 302, 120-B I.P.C., Police Station Maharua, District Ambedkar Nagar, with the prayer to enlarge him on bail.
Learned counsel for the applicant has submitted that the F.I.R. in question was lodged on 19.01.2021 against unknown persons. He also submitted that during the course of investigation, two person were arrested namely Avinash Singh and Rajan Pasi, and in their confessional statement, name of the applicant came into the light. He also submitted that during the course of investigation, the statement of Manjumani Mishra was also recorded by the Investigating Officer who stated that the accused persons came to him on 21.01.2021 and confessed their crime and also requested him to save them.
Learned counsel for the applicant has further submitted that except the extra judicial confession, there is no any evidence against the applicant in relation to the conspiracy. He also submitted that the applicant is having criminal history of one case i.e. Case Crime No.629 of 1998, under Sections 307, 323, 325, 506 I.P.C., P.S. Kotwali Akbarpur, District Ambedkar Nagar and he is on bail in the said case and he is in jail since 29.01.2021. He also submitted that investigation has been concluded by the Investigating Officer and charge sheet has already been filed and there no possibility for tampering of any evidence. Therefore, the applicant is also entitled for bail.
Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer of bail of the applicant and submitted that in the extra judicial confession of Manojmani Mishra (brother of the applicant), he stated that the accused persons confessed their crime to him and also requested to save them along with the applicant. They also submitted that the co-accused Vijay Singh @ Vijji (brother of the applicant) is absconding and learned C.J.M. concerned has passed as an order under Sections 82 & 83 Cr.P.C. against him vide order dated 03.04.2021, and the reward has already been declared on him by Superintendent of Police concerned which is published in the newspaper and it is a part of case diary.
Learned counsel for the complainant has also submitted that the deceased was killed by the shooter hired by the applicant and other co-accused persons on the saying of Dinesh Srivastava due to political rivalry. Therefore, the applicant is not entitled for bail.
Considering the argument of learned counsel for the applicant, learned A.G.A., learned counsel for the complainant and going through contents of the F.I.R., postmortem report and the statement of the witnesses recorded under Section 161 Cr.P.C. by the Investigating Officer, no case is made out for bail.
Accordingly, the bail application is hereby rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and the computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 2.8.2021 S. Shivhare