Sanjay Kumar Singh vs State of U.P.

Hon''ble Shyam Shankar Tiwari, J.—Counter affidavits filed on behalf of the complainant and the learned AGA are taken on record. Heard Learned Counsel for the applicant, Sri Shailesh Kumar Upadhyay, Learned Counsel appearing for the complainant and the learned AGA for the State and perused the record.

Prayer for bail has been made on behalf of the accused applicant Sanjay Kumar Singh in Case Crime No. 473 of 2011, under Sections 498A,406,419,420,467,468 and 120-B IPC, P.S. Cantt., district Varanasi.

It is contended by the Learned Counsel for the applicant that he has falsely been implicated in this case due to enmity of litigations with the informant, who is the widow of his younger brother Ajay Kumar Singh. Only general allegations have been made against the applicant. No specific role of any kind has been assigned to him. Dr. R.J. Singh, who runs Anand Hospital, has submitted an affidavit to the effect that after the death of Ajay Kumar Singh, he got the drug license transferred in the name of Sanjay Kumar Singh, applicant through one Devendra Pratap Singh, an employee in his hospital and at present that medical store is being run by his another relative on the basis of power of attorney from Sanjay Kumar Singh. It is specifically mentioned in that affidavit that the applicant has nothing to do withs the transaction of the transfer of the drug license in his name nor he is running the medical store nor he is the beneficiary of the income of the medical store in any way. It is further submitted that several litigations of civil and criminal nature are pending between the parties. The applicant had lodged an FIR against the applicant and his other family members under Sections 498A, 406, 323, 504 and 506 IPC and Section 3/4 of the Dowry Prohibitioin Act, P.S. Mahila Mahanagar, district Varanasi in which the applicant and others were granted interim bail by this Curt. Subsequently, the informant lodged another FIR against the applicant and others which was registered as case Crime No. 473 of 2011, under Sections 498A, 406, 419, 420, 467,468 and 120-B IPC, P.S. Cantt., district Varanasi. in which the arrest of the applicant and others has been stayed by this Court on certain terms and conditions. The informant in order to grab the property of the family of the applicant has initiated litigations. The applicant has no previous criminal history.

Learned AGA as well as the Learned Counsel appearing for the complainant has opposed the prayer for bail of the applicant and submitted that after the death of her husband Ajay Kumar Singh, the applicant and his other family members have ousted the informant from their house and they want to grab the property of Ajay Kumar Singh.

Considered the facts and circumstances of the case and the submissions made by the Learned Counsel for the parties. Taking into account the above facts and circumstances, without expressing any opinion on the merit of the case and also keeping in view the fact that the applicant should not be detained in jail for an indefinite period in such an offence let the accused applicant Sanjay Kumar Singh involved in the aforementioned case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned on the following conditions : 1. The applicant will not tamper with the evidence.

The applicant shall not pressurise/intimidate the prosecution witnesses during trial.

The applicant will appear at the police station concerned in the first week of every month to show his good conduct and behaviour.

In defiance of any of the aforesaid conditions, the Court will be at liberty to cancel the bail of the applicant and to take him into custody.