This single-judge court granted bail to the applicant Satish Lodhi under Sections 459, 307, 380 IPC, releasing him on a personal bond and two sureties. The order relied on Article 21 and precedent without deciding the merits of the case.
Released on bail on personal bond and two sureties with conditions to not tamper with evidence or commit new crimes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17287 of 2019
Applicant :- Satish Lodhi Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Counter affidavit filed by the learned A.G.A. is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Satish Lodhi with a prayer to release him on bail in Case Crime No. 252 of 2018, under Sections 459, 307, 380 IPC, Police Station Marahara, DistrictEtah , during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that although applicant was caught on the spot but no firearm was recovered from him.Co-accused Veerpal Lodhi was found in possession of 315 bore pistol.No injury was caused by the applicant to the injured. The applicant is languishing in jail since 13.12.2018. Criminal history of the applicant has been explained in paragraph-2 of the supplementary affidavit.. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of
the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Satish Lodhi involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 12.9.2019 Atul kr. sri.
1 issue framed by the court
Whether the applicant Satish Lodhi is entitled to be released on bail in the present under-trial stage subject to specified conditions.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 · Who else cites this
Satish Lodhi
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
