Allowed

Satbeer v. State of U.P.

Allahabad HC9 Dec 2021BAIL/39130/2021

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application allowed. Court released the applicant on bail subject to stringent conditions, including furnishing sureties once courts resume normal functioning, after considering the nature of the offence and Apex Court views.

What did the court decide?

Release on bail via personal bond and two sureties (to be verified and furnished within one month of restored court functioning).

Satbeer Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39130 of 2021

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Applicant :- Satbeer Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Srivastava,Ravendra Singh Counsel for Opposite Party :- G.A.,Anurag Yadav,Mahendra Pratap

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Hon'ble Deepak Verma,J.

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Heard Sri Anuj Srivastava, learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 235 of 2021, registered under Sections 147, 148, 149, 323, 307, 302, 452, 504, 506 I.P.C., Police Station Badaut, District Bagpat during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to old enmity. About ten persons have been assigned the role of hitting. No incriminating article has been recovered from pointing out of applicant. There is no specific allegation against the applicant. He next argued that applicant and five other persons have received injuries in the incident. The applicant has lodged complaint through application under Section 156(3) Cr.P.C. on 23.06.2021 against the informant and other persons. Applicant having no previous criminal antecedents. The applicant is languishing in jail since 31.03.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. as well as informant's counsel have vehemently opposed the bail prayer of the applicant and submit that deceased received ten injuries but could not dispute regarding specific role assigned to applicant.

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Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and the Apex Court view pertain to the Article 21 of the Constitution of India held in In human conditions in 1382 Prisons, In re: (2017) 10 SCC 658 and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P.

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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, Satbeer, who is involved in the aforesaid case 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 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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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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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 :- 9.12.2021 Nitin Verma

Satbeer v. State of U.P.

Case brief

What is this about?

What did the court decide?

Satbeer v. State of U.P.

Case brief

What is this about?

What did the court decide?

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