Santosh v. State of U.P.
Case brief
What is this about?
Single-judge High Court allowed bail application of Santosh, an accused in a murder and POCSO case, equating his situation with co-accused already released on bail, and imposed standard bail conditions.
What did the court decide?
Released on bail upon furnishing personal bond and two sureties each subject to standard conditions.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11030 of 2019
Applicant :- Santosh Opposite Party :- State Of U.P. Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged against unknown person alleging that on some unknown persons killed Akhilesh. According to postmortem report, cause of death was smothering. During investigation, the name of four accused Pappu, Bablu, Satyapal and Santosh was surfaced.
It is submitted by learned counsel for the applicant that coaccused namely Satyapal, Babloo and Pappu @ Pramod Kumar have already been granted bail by co-ordinate Bench of this Court vide order dated 6.1.2017, 301.2017 and 14.2.2017 in Criminal Misc. Bail Application No. 383 of 2017, 38863 of 2016 and 30539 of 2016, since the role of the applicant is not distinguishable with the role of coaccused, therefore, the applicant is also entitled for bail. There is no possibility to get this case decided in short period in future. Applicant was not named in the F.I.R. During investigation, the name of the applicant was surfaced. Nothing was recovered from the possession of applicant. There is no independent witness and no eye witness account. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 27.7.2016 (near about two years and eight months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant Santosh is entitled to bail considering co-accused have been granted bail in similar circumstances.
Whether the applicant satisfies the bail conditions given his innocence claim and lack of criminal history.
Parties & counsel
- applicant
Santosh
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/11030/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court