Allowed

Satish Jogi v. State of U.P through Its Secretary Home Up at Lucknow

Allahabad HC19 May 2022BAIL/241/2022

Case brief

AI extract

What is this about?

This order grants bail to an applicant falsely implicated in a theft and mischief case, concerned over delayed identification and recovered money. The high court holds merit in submissions and releases the applicant on personal bond and sureties with standard conditions against tampering and influencing witnesses.

What did the court decide?

Application allowed; applicant released on personal bond and two sureties subject to conditions.

Satish Jogi Vs State of U.P through Its Secretary Home Up… — Bail and Remand | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 241 of 2022

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Applicant :- Satish Jogi Opposite Party :- State Of U.P Through Its Secretary Home Up At Lucknow Counsel for Applicant :- Pankaj Kumar Tyagi,Deepak Singh Patel Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.468 of 2021 at Police Station-Kotwali Shamli, District-Shamli under Sections 392 and 411 IPC. The applicant is in jail since 25.02.2021.

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The bail application of the applicant was rejected by learned Sessions Judge, Shamli on 26.07.2021. Shri Deepak Singh Patel, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was linked to this case six months after the lodgment of the F.I.R. The delay in nomination of the applicant is fatal to the prosecution case, as the alleged CCTV footage was available with the applicant. The applicant was not identified in the CCTV footage. Rs.30,500/- was planted on the applicant to frame him in this case to burnish the credentials of the police authorities. There is no independent witness to the recovery. The money belongs to the applicant. Prosecution evidence does

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not connect the applicant with the offence.

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Explaining the criminal history of the applicant, learned counsel for the applicant contends that the applicant has become a soft target for the police authorities who have falsely framed him in a number of cases to burnish their credentials. The applicant has never misused the liberty of bail granted to him in the said cases. The criminal cases do not have any bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Paritosh Kumar Malviya, learned A.G.A. could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Satish Jogi be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like

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amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 19.5.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.05.20 15:28:21 IST Reason: Location: High Court of Judicature at Allahabad

Satish Jogi v. State of U.P through Its Secretary Home Up at Lucknow

Case brief

What is this about?

What did the court decide?

Satish Jogi v. State of U.P through Its Secretary Home Up at Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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