Satendra v. State of U.P.
Case brief
What is this about?
The court granted bail in a murder and kidnapping case under Section 439 Cr.P.C., declaring it a fit case for release without expressing an opinion on the merits of the case due to constraints.
What did the court decide?
Release of the applicant on personal bond and two sureties each in like amount subject to conditions regarding witness tampering, sincere cooperation in trial, and non-indulgence in criminal activity.
What the court decided
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38828 of 2020
Applicant :- Satendra Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.,Abhay Pratap Singh,Mohan Kant Baghel
Hon'ble Ajit Singh,J.
Heard Sri Rajesh Kumar Pandey, learned counsel for the applicant, Sri Abhay Pratap Singh, learned counsel for the informant and learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 1078 of 2019, under Sections 364, 302, 201 I.P.C., Police Station Kasna/Beta-2, District Gautam Buddha Nagar during the pendency of trial.
F.I.R. of this incident was lodged by Anil Kumar, in which, he has mentioned that his father Rajan (deceased) used to live in village Kyampur and was working in Kohinoor Biscuit Factory as a guard. His father had come with his cousin brother Sundar to village on 6.11.2019 and on 7.11.2019 he had gone back to resume his duty. Accused-applicant along with co-accused named in the F.I.R. had kidnapped him in order to commit 'marpeet' as they were criminal minded person. Regarding his father going missing, missing report was got lodged on 13.11.2019 but now he had come to know that it was accused-applicant who along with co-accused named in the F.I.R. had abducted him. This F.I.R. was lodged on 13.11.2019 though the occurrence took place on 7.11.2019. In post-mortem report, cause of death is found to be ante-mortem injuries and two lacerated wounds are found to have been sustained by the deceased.
Issues for consideration
3 issues framed by the court
Whether the case is a fit case for bail considering the quantum of punishment, nature of offence and period of detention.
Whether the applicant should be released on bail subject to conditions.
Whether certified copy of the order can be dispensed with due to Covid-19.
Parties & counsel
- applicant
Satendra
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/38828/2020
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