Santoo v. State of U.P.
Case brief
What is this about?
The High Court granted bail to Santoo, arrested in an IPC and DP Act case. The court imposed strict conditions regarding attendance and trial expeditions, directing the trial court to conclude the trial within eight months.
What did the court decide?
Applicant released on bail with personal bond and heavy sureties, subject to strict conditions of attendance and trial expedition.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41134 of 2018
Applicant :- Santoo Opposite Party :- State Of U.P. Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vipin Kumar, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that the due to some unavoidable circumstances, the applicant could not appear before the court on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was issued against the applicant and in pursuance of the same, he was arrested on 4.5.2018 and the trial is in progress. The applicant undertakes to appear before the trial court on each and every date fixed by the trial court. The applicant has no other reported criminal antecedent. The applicant is in jail since 4.5.2018.
Learned A.G.A. opposed the prayer for bail.
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.
Issues for consideration
3 issues framed by the court
Whether the applicant Santoo is entitled to bail given his non-appearance resulting in arrest despite having no criminal antecedents.
What conditions must be imposed to ensure the applicant's expedition of trial and presence in court.
How the trial court should proceed if the applicant misuses liberty of bail or fails to appear as mandated.
Parties & counsel
- applicant
Santoo
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/41134/2018
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