Court granted bail to applicant Satendra Nishad in a criminal case under sections 379, 411 IPC for false implication, lack of FIR delay, fake recovery, and no flight risk, requiring personal bond and two sureties.
Released on bail via personal bond and two sureties subject to compliance with court conditions.
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Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17587 of 2021
Applicant :- Satendra Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Pandey,Vichitra Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA- I, for the State and perused the material brought on record.
It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is not named in the First Information Report. There is inordinate delay in lodging the First Information Report without any plausible explainable. False recovery has been shown against applicant, as a matter of fact nothing has been recovered either from the possession of the applicant or on his pointing out. There is no independent/impartial witness of the alleged recovery/incident, fake and frivolous story has set up by the police with ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that previous criminal history of the applicant has been explained in paragraph 9 of the affidavit filed in support of instant bail application and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 02.03.2021, and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.
Considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment , and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Satendra Nishad, be released on bail in Case Crime No. 730 of 2020, under Sections - 379, 411 IPC, Police Station- Sadar, DistrictAgra, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 16.6.2021
ssm
3 issues framed by the court
Whether bail should be granted to the applicant falsely implicated and detained in custody.
Whether the applicant is liable to be released on bail subject to conditions.
Whether the accusations against the applicant are false and frivilous set up by police.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P.Distinguished¶8
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
Satendra Nishad
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
