Supreme Court - Daily Orders
Anuj Kumar Maurya @ Daud vs The State Of Uttar Pradesh on 2 March, 2023
Bench: K.M. Joseph, B.V. Nagarathna
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.689 OF 2023
(ARISING OUT OF SLP (CRIMINAL) NO.6062 OF 2022)
ANUJ KUMAR MAURYA @ DAUD APPELLANT(S)
VERSUS
THE STATE OF UTTAR PRADESH RESPONDENT(S)
O R D E R
Leave granted.
By the impugned order, the High Court has dismissed the second regular bail application filed by the appellant. The appellant has already undergone custody of more than 8 years. The case against the appellant involves seeking to implicate him under Sections 302 and 394 of the Indian Penal Code, 1860 and Sections 25 and 27 of The Arms Act, 1959.
We heard the learned counsel for the appellant and learned counsel for the respondent-State.
A counter affidavit has been filed by the State. In the counter affidavit, it is stated, inter alia, that the appellant has a criminal history which is as follows:-
Criminal History Anuj Maurya @ Daud S/o Ram, R/o Uttargaon P.S.- Jaffrabad Signature Not Verified Digitally signed by Sr. Case Crime Section Police Station District Jagdish Kumar Date: 2023.03.02 17:13:34 IST No. No. Reason: 1 158/13 110G Jaffrabad Jaunpur Cr.P.C.
2 907/09 307 IPC Jaffrabad Jaunpur 2 3 908/09 3/25 Arms Act Jaffrabad Jaunpur 4 981/09 3(1) U.P. Gangster Act Jaffrabad Jaunpur 5 653/14 394/302 IPC Musafirkhana Amethi What is pertinent for considering the appeal is the fact that the appellant has been in custody as an under trial prisoner for more than 8 years in this case. Even, more importantly, only one witness has been examined out of a total of twenty one witnesses proposed to be examined by the prosecution.
In such circumstances, we would think that the appellant has made out a case for being enlarged on bail. Accordingly, the appeal is allowed. The impugned order is set aside. We direct that the appellant shall be enlarged on bail, subject to such conditions as may be imposed by the trial court, unless his custody is wanted in connection with any other case. Pending application(s), if any, stand disposed of.
..……………………………………………..J. [K. M. JOSEPH] ..……………………………………………..J. [B. V. NAGARATHNA] ..……………………………………………..J. [AHSANUDDIN AMANULLAH] New Delhi Dated; 2nd March, 2023.
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ITEM NO.1 COURT NO.3 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6062/2022
(Arising out of impugned final judgment and order dated 06-01-2022 in CRMBA No. 994/2021 passed by the High Court of Judicature at Allahabad) ANUJ KUMAR MAURYA @ DAUD PETITIONER(S) VERSUS THE STATE OF UTTAR PRADESH RESPONDENT(S) (IA No. 90262/2022 - EXEMPTION FROM FILING O.T.) Date : 02-03-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. K. L. Janjani, AOR For Respondent(s) Mr. Rohit K. Singh, AOR Ms. Harshita Raghuvanshi, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. The impugned order is set aside. We direct that the appellant shall be enlarged on bail, subject to such conditions as may be imposed by the trial court, unless his custody is wanted in connection with any other case.
Pending application(s), if any, stand disposed of.
(JAGDISH KUMAR) (RENU KAPOOR) COURT MASTER (SH) ASSISTANT REGISTRAR
(Original signed order is placed on the file)