Allowed

Satpal Sikarwar v. State of U.P.

Allahabad HC11 Nov 2022BAIL/50629/2022

Case brief

AI extract

What is this about?

The Supreme Court of India, in a criminal bail application, allowed the release of the applicant on bail for offences under Sections 412 and 212 of the IPC. The Court considered the applicant's claim of innocence, the fact that he was not arrested from the spot, false recovery of evidence, and the precedent set by his co-accused who were released on bail. Conditions of bail were imposed to prevent

What did the court decide?

The applicant, Satpal Sikarwar, is to be released on bail by furnishing a personal bond and two sureties each of the like amount, subject to specific conditions regarding court attendance and conduct.

Satpal Sikarwar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

¶1

Court No. - 93

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50629 of 2022

¶3

Applicant :- Satpal Sikarwar Opposite Party :- State of U.P. Counsel for Applicant :- Lavesh Sharma Counsel for Opposite Party :- G.A.

¶4

Hon'ble Surendra Singh-I,J.

¶5

Copies of the orders dated 28.09.2022 relating to co-accused, Labhanu @ Bhanu and 21.10.2022 relating to co-accused, Pawan @ Gutkanna passed by coordinate Benches of this Court in Criminal Misc. Bail Application Nos. 40787 of 2022 and 47311 of 2022 respectively have been produced by the learned counsel for the applicant in the Court today which are taken on record.

¶6

Heard Sri Lavesh Sharma, learned counsel for the applicant, Sri Sunil Kumar Tripathi, learned A.G.A. for the State and perused the material on record.

¶7

The instant bail application has been filed on behalf of the applicant, Satpal Sikarwar, with a prayer to release him on bail in Case Crime No. 44 of 2022, registered under Sections 412, 212 I.P.C., Police Station- Kotwali, District- Agra, during pendency of trial.

¶8

Learned counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in the present case. It is next submitted that the applicant is neither named in the first information report nor he was arrested from the spot. His name was disclosed in the statement of coaccused, Akash, who has been enlarged on bail by a coordinate Bench of this Court vide order dated 11.10.2022 passed in Criminal Misc. Bail Application No. 44702 of 2022. Copy of the said order has been annexed as Annexure No. 3 to the affidavit filed in support of the bail application. It is next submitted that Rs.1,00,000/- was recovered by the police from the possession of co-accused, Akash Chauhan. False recovery of Rs.50,000/- has been made from the possession of the applicant which the applicant claims that the same belongs to him. It is next submitted that similarly circumstanced coaccused persons, namely, Labhanu @ Bhanu and Pawan @ Gutkanna have been enlarged on bail by coordinate Bench of this Court vide orders dated 28.09.2022 and 21.10.2022 passed in Criminal Misc. Bail Application Nos. 40787 of 2022 and

¶9

47311 of 2022 respectively. The case of the applicant stands on identical footing and the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 02.10.2022 and has no criminal antecedents to his credit. In case the applicant is released on bail, he will not misuse the liberty.

¶10

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. However, he has not denied the submissions made on behalf of the applicant.

¶11

Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, the fact that coaccused persons, Labhanu @ Bhanu and Pawan @ Gutkanna, have already been enlarged on bail in similar circumstances as that of the applicant, larger mandate of Article 21 of the Constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court finds it to be a fit case for bail.

¶12

The bail application, accordingly, stands allowed.

¶13

Let the applicant, Satpal Sikarwar, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

¶14

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶15

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶16

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶17

The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

¶18

In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the

¶19

date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

¶20

The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶21

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶22

Order Date :- 11.11.2022 KS

¶23

Digitally signed by KISHAN SINHA Date: 2022.11.11 17:59:02 IST Reason: Location: High Court of Judicature at Allahabad

Satpal Sikarwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Satpal Sikarwar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vinod @ Bintu and Another Vs State of U.P.

Indal Vs State of U.P.

Mohd. Sartaj Vs State of U.P.

Nizam Quraishi Vs State of U.P.

Mohammad Umar Vs State of U.P.

Bhagwan Swaroop @ Chhotu @ Bajrangi Vs State of U.P.