Satish Patel v. State of U.P.
Case brief
What is this about?
The Court released the applicant on bail in a case under Section 307 IPC, emphasizing large mandate under Article 21 and citing Dataram Singh case.
What did the court decide?
Released on bail on personal bond and two sureties with conditions to appear, not tamper with evidence, and not indulge in unlawful activities.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24638 of 2018
Applicant :- Satish Patel Opposite Party :- State Of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.,Swati Agrawal
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of complainant in the Court today is taken on record.
Heard Sri D.K. Srivastava, learned counsel for the applicant, Swati Agarwal, learned counsel for the complainant and learned A.G.A. appearing for the State.
Learned counsel for the applicant submitted that the applicant has not committed any offence and he has been falsely implicated in the present case due to some ulterior motive. The medical report of the injured shows that the injury sustained by him are simple in nature. There is no independent witness to support the prosecution case, except Suresh Kumar who is friend of the informant, hence partisan. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 20.2.2018 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Issues for consideration
1 issue framed by the court
Whether the applicant is eligible for bail under Section 437 and 439 CrPC considering the nature of offence and lack of independent witnesses.
Parties & counsel
- applicant
Satish Patel
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/24638/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court