Satish Kumar v. State of U.P.
Case brief
What is this about?
Court allowed bail application filed by Satish Kumar, who alleged false implication and lack of incriminating evidence. Bail granted despite severity of accused charges.
What did the court decide?
Bail granted on personal bond with two sureties each in the like amount.
What the court decided
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4231 of 2019
Applicant :- Satish Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Chandravir Singh Raghuvanshi
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The name of the applicant has surfaced in the confessional statement of the co- accused. He was not caught on the spot. Nothing incriminating has been recovered from the possession of the applicant. Factum of recovery has not been supported by any independent public witness. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 8.1.2019 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Issues for consideration
1 issue framed by the court
Whether bail should be granted to the applicant charged with offences under Sections 420, 467, 468, 471 IPC and Section 66 I.T. Act.
Parties & counsel
- applicant
Satish Kumar
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/4231/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court