Allowed

Satya Pal Saini v. State of U.P.

Allahabad HC6 Aug 2018BAIL/11082/2018

Case brief

AI extract

What is this about?

Single judge allowed bail to the applicant Satya Pal Saini in Case Crime No. 380 of 2017 under Sections 307, 394, 323, and 506 IPC, subject to furnishing a personal bond with two sureties and adhering to specific conditions.

What did the court decide?

Release of Satya Pal Saini on bail by furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Satya Pal Saini Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 55

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11082 of 2018

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Applicant :- Satya Pal Saini Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Rejoinder affidavit filed on behalf of the applicant is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant is not named in the FIR and his name has been disclosed by the co-accused in his confessional statement. The co-accused Vijaypal has already been enlarged on bail vide order dated 5.2.2018 passed in Crl. Misc. Bail Application No. 3506 of 2018, copy of the bail order has been annexed as Annexure RA-1 to the rejoinder affidavit. It is further submitted that the applicant has a criminal history from the year 1991 to 2016 and in all the cases he is on bail, which has been explained in para 4 of the rejoinder affidavit. It has also been submitted that the applicant is languishing in jail since 14.7.2017.

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Learned A.G.A. opposed the prayer for bail.

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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 Satya Pal Saini, involved in Case Crime No. 380 of 2017 under Sections 307, 394, 323, 506 IPC, P.S. Nakhasa, District Bheem Nagar be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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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 :- 6.8.2018

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Manish Tripathi

Satya Pal Saini v. State of U.P.

Case brief

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Satya Pal Saini v. State of U.P.

Case brief

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