Allowed

Satyendra Gudia v. State of U.P.

Allahabad HC14 Aug 2018BAIL/15056/2018

Case brief

AI extract

What is this about?

In a bail application under Criminal Misc. Bail Application No. 15056 of 2018, the High Court ordered the release of the applicant Satyendra Gudia on a personal bond with two sureties. The court considered the reformative theory of punishment and the possibility of witness tampering.

What did the court decide?

Released on bail on personal bond with two sureties each in like amount, subject to attendance at trial and not tampering with witnesses.

Satyendra Gudia 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. - 15056 of 2018

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Applicant :- Satyendra Gudia Opposite Party :- State Of U.P. Counsel for Applicant :- Sujan Singh 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 applicant, is taken on record.

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Heard Sri Sujan Singh, learned counsel for the applicant and Sri Shashi Shekhar Tiwari, 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 due to village party bandi. It is further submitted that as per medical report injuries found on the body of the injured were not dangerous to life. It is also submitted that as per statement of injured role of causing head injury to the injured has been assigned to co-accused Rohit. As copy of the statement of injured has been annexed as Annexure No. 6 to the affidavit filed in support of bail application. No specific role has been assigned to the applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 19.01.2018. The applicant has no other reported criminal antecedent.

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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

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applicant Satyendra Gudia involved in Case Crime No. 1105 of 2017, under Sections 323, 324, 504, 308 I.P.C., Police Station Akbarpur, District Kanpur Dehat 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 :- 14.8.2018

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Arti

Satyendra Gudia v. State of U.P.

Case brief

What is this about?

What did the court decide?

Satyendra Gudia v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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