Allowed

Satendra v. State of Up

Allahabad HC22 Jun 2018BAIL/22961/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 22961 of 2018, the Court granted bail to applicant Satendra under Sections 386, 506, and 120-B IPC. The decision relied on parity with a released co-accused and apprehension of witness tampering, without expressing an opinion on the merits of the charge.

What did the court decide?

Released on bail on furnishing personal bond with two sureties in the like amount.

Satendra Vs State of Up — Quashing and FIR | Allahabad HC (2018)

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Court No. - 33

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22961 of 2018

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Applicant :- Satendra Opposite Party :- State Of Up Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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

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It is contended by learned counsel for the applicant that applicant is not named in the F.I.R and he has been falsely implicated in this matter. It has been further contended by the learned counsel for the applicant that the co-accused Gaurav has granted bail vide order dated 19.06.2018 by this Court in Criminal Misc. Bail Application No.22374 of 2018 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 is in jail since 08.01.2018.

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

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Without expressing any opinion on the merits of the case and 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, the applicant is entitled to be released on bail in this case.

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Let the applicant Satendra involved in Case Crime No.1214 of 2017, under Sections 386, 506, 120-B I.P.C, Police Station Shamli, District Shamli 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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(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 :- 22.6.2018 SS

Satendra v. State of Up

Case brief

What is this about?

What did the court decide?

Satendra v. State of Up

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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