Allowed

Santosh Kumar v. State of U.P.

Allahabad HC17 Sept 2020BAIL/26595/2020

Case brief

AI extract

What is this about?

The court allowed a bail application for Santosh Kumar in a cheating and forgery case, citing jail health risks and Supreme Court precedents, granting bail subject to conditions and verification of sureties upon court reopening.

What did the court decide?

Applicant released on bail with personal bond and two sureties, subject to conditions including no tampering with evidence and cooperation in trial.

Santosh Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26595 of 2020

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Applicant :- Santosh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Jai Singh Parihar Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard Sri Jai Singh Parihar, counsel for the applicant and learned A.G.A for the State.

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The allegation in the FIR is that the applicant was instrumental in introducing the vendee to the vendor. Thereafter it is alleged that he was also the marginal witness of the agreement to sell. The sale deed has been executed between the vendee and vendor but he is not the witness of the sale deed. There is no allegation of receipt of any money against the applicant. He alleges false implication in this case. He is in jail since 29.02.2020 and has no criminal history to his credit.

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Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Santosh Kumar , in Case Crime No. 748 of 2020, under Sections- 420, 471, 467 and 468 IPC, Police Station- Kotwali Urai, District- Jalaun, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 17.9.2020 Rohit

Santosh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Santosh Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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