Allowed

Satish Kori v. State of U.P.

Allahabad HC20 Mar 2018BAIL/10426/2018

Case brief

AI extract

What is this about?

The Court granted bail to the applicant Satish Kori, a first-time offender with no prior criminal history, arguing from parity with co-accused already on bail and applying the reformative theory of punishment, subject to standard conditions regarding evidence tampering and witness intimidation. The judgment orders release on personal bonds with sureties.

What did the court decide?

Release on bail with personal bonds and two sureties each.

Satish Kori Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10426 of 2018

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Applicant :- Satish Kori Opposite Party :- State Of U.P. Counsel for Applicant :- Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Surya Pratap Singh Parmar, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the co-accused Rajendra Agrahari, Vinay Jaiswal @ Arvind Jaiswal and Krishna Dev Agarhari @ Raja have been granted bail by another Bench of this Court as well as by this Court on 5.10.2017, 11.10.2017 and 11.1.2018 in Criminal Misc. Bail Application Nos.36857 of 2017, 34635 of 2017 and 39291 of 2017, a copy of said order has been annexed as annexure-8 to the affidavit accompanying this bail application and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history. The applicant is in jail since 13.1.2018.

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Learned A.G.A. opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment , the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Satish Kori involved in Case Crime No.77 of 2017, under Sections 407, 420, 411 I.P.C., Police Station Gopiganj, District Bhadohi be released on bail on his furnishing personal bonds with two sureties each in the like amount to the satisfaction of the court

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concerned with the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/intimidate the prosecution witness.

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(iii) The applicant will appear before the trial Court on the date fixed.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 20.3.2018 Dev/-

Satish Kori v. State of U.P.

Case brief

What is this about?

What did the court decide?

Satish Kori v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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