Allowed

Satya Kapoor and Another v. State of U.P.

Allahabad HC7 Apr 2023BAIL/15708/2023

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad allowed a bail application filed by Satya Kapoor and Narendra Singh under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, applying a fit case test without commenting on case merits.

What did the court decide?

Release of applicants on bail subject to personal bond, two heavy sureties, and specific conditions regarding conduct and evidence preservation.

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

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15708 of 2023

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Applicant :- Satya Kapoor And Another Opposite Party :- State of U.P. Counsel for Applicant :- Indra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 415 of 2022, registered under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Jalesar, District-Etah.

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It is contended by learned counsel for the applicants that the applicants are innocent and they have been falsely implicated in the present case. It was further submitted that in the cases shown in the gang chart, applicants have been granted bail by the Coordinate Bench of this Court. Bail orders of the applicants have been annexed as Annexure Nos. 3 and 4 of the affidavit. It is next submitted that except the cases shown in the gang chart one case being Case Crime No. 71 of 2021 was pending in which applicants were also released on bail by this Court. Bail order of the said case crime is annexed as Annexure-5 of the affidavit. The applicants are in jail since 23.03.2023. In case, the applicants are released on bail, they shall not misuse the liberty of bail and co-operate in trial.

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Per contra, learned A.G.A. opposed the prayer of bail but he could not dispute the aforesaid facts.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, I find that applicants have been enlarged on bail in the cases mentioned in the gang chart and, therefore, without commenting on the merits of the case, I find it a fit case for bail.

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

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Let the applicant no. 1-Satya Kapoor and applicant no. 2-Narendra Singh involved in aforesaid crime be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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(v) Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

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

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Order Date :- 7.4.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Satya Kapoor and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Satya Kapoor and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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