The Court granted bail to the applicant in a criminal matter involving IPC offences, noting he was languishing in jail since June 2022, found the offence non-bailable, and accepted the submissions that he has made a case for release.
Relief granted: Release on bail on furnishing a personal bond and two sureties (one must be a family member).
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11758 of 2023
Applicant :- Sandeep Singh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Raghuvansh Misra, learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.02 of 2020, under Sections 409, 420, 467, 468, 471 I.P.C., P.S. Kotwali, District Mainpuri.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The applicant was not arrested from spot. There is no evidence to establish diversion of funds by the applicant to his personal account/account of his family members. Furthermore, there exists no evidence on record to establish that the applicant misappropriated any money of the bank to cause wrongful gain to himself or anybody else. The offence in question is triable by Magistrate. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 23.6.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
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 the law laid down by the Apex Court in 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, Sandeep Singh Chauhan , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties (one should be of a family member) 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.
trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 20.3.2023 Dev/-
Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant given he is innocent and faces a non-triable offence.
Whether the applicant has made out a case for release on bail.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021Referred¶9
Sandeep Singh Chauhan
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
