Allowed

Satish v. State of U.P.

Allahabad HC30 May 2023BAIL/12412/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the Allahabad High Court allowed the bail prayer for the applicant, an accused in a case of affray and assault, noting he had made out a case for bail and released him on personal bond and sureties subject to specific conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two heavy local sureties, subject to conditions regarding attendance and conduct.

Satish Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC:120654

¶2

Court No. - 78

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12412 of 2022

¶4

Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Kumar Shukla,Dinesh Yadav,Lal Bahadur Yadav,Ram Pravesh Yadav,Shashank Kumar Counsel for Opposite Party :- G.A.,Pankaj Srivastava

¶5

Hon'ble Dr. Gautam Chowdhary,J.

¶6

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

¶7

The prosecution story in brief is that on 29.08.2021 at about 9:30 P.M. the Barhe Lal neighbour of the applicant in the drunken state was abusing the informant and he resisted, his sons namely, Jitendra Satish and Saurabh also started abusing and assaulted with lathi, danda and during the course of maarpeet, the informant and his brother namely, Suresh Yadav sustained injuries and the Suresh Yadav is in Coma. Learned counsel for the applicant submits that according to the F.I.R. general role of assault has been assigned to all the accused persons including the applicant. The informant/injured namely, Sunil Yadav, in his statement recorded under Section 161 Cr.P.C. has specifically stated that the accused persons assaulted with lathi, danda and rod on alarm, his family members and his mother came to the place of incident, whereas, the mother of the informant in her statement recorded under Section 161 Cr.P.C. has stated that the applicant with the iron rod had assaulted upon her son, due to which he unconscious and fell down. Learned counsel further argued that the injured first

¶8

informant has not assigned any weapon to the applicant rather general role of assault been levelled upon all the accused persons whereas, the alleged eye witness i.e. the mother of the injured has assigned role of causing injury by rod to the applicant. It is thus contended that there is a contradiction in the statement of the informant-injured as well as the alleged eye-witness and therefore, the applicant has been falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 24.12.2021 having no criminal history.

¶9

Per contra, learned A.G.A. has opposed the prayer for bail 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. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶10

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶11

Let applicant Satish involved in Case Crime No.253 of 2021 under Sections 147, 323, 504, 506, 304, 325/34 I.P.C., Police

¶12

Station Khutahan, District Jaunpur, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

¶13

I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

¶14

II. 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.

¶15

III. 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 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.

¶16

IV. 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.

¶17

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

¶18

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶19

Order Date :- 30.5.2023 S.Ali

¶20

Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Satish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Satish 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

Surendra Vs State of U.P. and 3 Others

Shailendra Singh Vs State of U.P. and 3 Others

Muneshwar Vs State of U.P.

Ram Surat Vs State of U.P.

Kayyum Vs State of U.P. and 3 Others

Babloo Kevat Vs State of U.P.