Court granted bail to the applicant in a criminal case involving Sections 354, 506 IPC, and 67 IT Act, relying on Satendra Kumar Antil ruling after considering arguments regarding innocence and case pendency.
Bail granted to applicant on his furnishing a personal bond and two sureties subject to specified conditions.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42086 of 2022
Applicant :- Lakmuddin Opposite Party :- State of U.P. Counsel for Applicant :- Upendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Lakmuddin with a prayer to release him on bail in Case Crime No.503 of 2022, under Sections 354, 506 I.P.C., 67Kha Information Technology Act (I.T. Act) P.S. Kasya, District Kushinagar during pendency of the trial.
It is alleged in the FIR that informant's daughter went to the house of the applicant for taking training of tailoring and stitching cloth at the sewing centre, which was running by the applicant where applicant often misbehaved informant and without knowledge of the informant, applicant prepared video and thereafter viral the same. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant is master of tailoring shop and involved in giving training to young person who took interest in sewing. Applicant has not made any video, as alleged in the FIR. Applicant has criminal history of two cases, which has been explained in para 13 of the rejoinder affidavit. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 19.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Lakmuddin, 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 23.12.2022 SKD
Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the present criminal proceedings.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherRelied on¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
Lakmuddin
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Deepak Verma
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