Allowed

Santosh Kumar Jain v. State of U.P. and Another

Allahabad HC21 Mar 2018BAIL/7457/2018

Case brief

AI extract

What is this about?

Court allowed bail to aged retired applicant Santosh Kumar Jain on compassionate grounds without entering into merits, directing him to furnish personal bond and two sureties subject to standard conditions.

What did the court decide?

Released on bail subject to personal bond and two sureties with conditions not to tamper with evidence, not to pressurize witnesses, and to appear in court.

Santosh Kumar Jain Vs State of U.P. and Another — Corruption | Allahabad HC (2018)

¶1

Court No. - 52

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7457 of 2018

¶3

Applicant :- Santosh Kumar Jain Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manu Khare Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajul Bhargava,J.

¶5

Counter affidavit filed by learned AGA on behalf of the State, is taken on record. Heard Sri Manu Khare, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶6

The present bail application has been filed by the applicant in Case Crime No.79 of 2006, under Sections 12/13(1)(d) read with section 13(2) of the Prevention of Corruption Act, and Sections 218, 419, 420, 120B IPC, Police Station Kotwali, District Agra, with the prayer to release him on bail.

¶7

It is contended by learned counsel for the applicant that the applicant was working as Assistant Engineer in Agra Development Authority District Agra and was posted at Agra from 30.3.1992 to 26.8.1992. According to prosecution, certain illegal constructions were raised with the connivance of Junior Engineer and other Assistant Engineer Mr. V.K. Goel, thereby causing financial loss to State exchequer. Learned counsel for the applicant has submitted that the incident relates to the year 1992 and the first information report was lodged on 11.8.2006 whereas the charge sheet has been submitted in 2014. It is contended that the applicant has retired from service in 2004 and at present is aged about 74 years. He is in jail since 8.1.2018. Lastly, it is contended that there are no early prospects of disposal of the trial by the Court below.

¶8

Learned A.G.A. opposed the prayer for grant of bail to the applicant. However, he could not dispute the aforesaid submissions made by the applicant.

¶9

In my considered opinion and the fact that the applicant had retired about 14 years back and the incident relates to the year 1992 and also the applicant is an aged man of 74 years, on compassionate ground, I deem it fit to enlarge the applicant on bail without entering into the merits of the case.

¶10

Let applicant Santosh Kumar Jain, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that :-

¶11

(1) The applicant shall not tamper with the prosecution evidence;

¶12

(2) The applicant shall not pressurize the prosecution witnesses; (3) The applicant shall appear on the date fixed by the trial Court.

¶13

In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.

¶14

Order Date :- 21.3.2018 Hasnain

Santosh Kumar Jain v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Santosh Kumar Jain v. State of U.P. and Another

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

Coram

Case details

Similar cases

Dadoo Lohar Alias Ram Naresh Juvenile Vs State of U.P.

Mohammad Zoraiz (Advocate) Vs State of U.P.

Dr. Bundan Babu Vs State of U.P. and Another

Santosh Kumar Dixit Vs State of U.P.

Rahul Kumar Minor Vs State of U.P. and Another

Dayanand Sagar @ Chhotu Minor Vs State of U.P. and Another