Allowed

Santosh Alias Satish v. State of U.P.

Allahabad HC14 Jun 2023BAIL/23260/2023

Case brief

AI extract

What is this about?

Single judge granted bail to Santosh Alias Satish accused under Section 306 IPC for causing abetment to suicide, imposing conditions to prevent tampering with witnesses and ensuring regular court attendance.

What did the court decide?

Applicant released on bail with personal bond and two sureties, subject to conditions prohibiting criminal activity, tampering with evidence, and regular court appearance.

Santosh Alias Satish Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:126603

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23260 of 2023

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Applicant :- Santosh Alias Satish Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Prajapati,Sanjeev Kumar Rai 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 applicant, learned A.G.A. for the State and perused the record of the present bail application.

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The present bail application has been filed by the applicant namely Santosh Alias Satish with a prayer to enlarge him on bail in Case Crime No.0048 of 2023, under Section 306 I.P.C., Police Station Sahayal, District Auraiya.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. It is further submitted that the deceased died about 10 years after the marriage and cause of death is asphyxia due to hanging. There is no other ante mortem injury. From the statement of the witnesses, it is evident that there is no direct nexus of the applicant in causing abetment to commit suicide. Initially, the FIR was lodged under Section 302 IPC, subsequently, investigation was conducted and police has submitted charge sheet under Section 306 IPC. It is also submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is languishing in jail since 14.04.2023 hence, he is entitled to bail.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant.

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Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant involved in 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

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concerned, subject to the following conditions:-

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(i) The applicant shall not indulge in any criminal activity.

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(ii) The applicant shall not tamper with the prosecution evidence.

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(iii) The applicant shall not pressurize the prosecution witnesses.

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(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.

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Order Date :- 14.6.2023 Mini

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Santosh Alias Satish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Santosh Alias 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

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