Allowed

Santosh Patel v. State of U.P.

Allahabad HC2 Jun 2023BAIL/25142/2023

Case brief

AI extract

What is this about?

Single Judge of Allahabad High Court allowed a bail application filed under Section 439 Cr.P.C. The applicant, a peon accused of cheating and forgery, had no prior criminal record and was in custody since February 2023. The Court was satisfied he was not a flight risk and granted bail on personal bond with sureties.

What did the court decide?

Released on bail on personal bond and two sureties subject to conditions not to tamper with evidence or commit further offences.

Santosh Patel Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:123808

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Court No. - 72

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25142 of 2023

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Applicant :- Santosh Patel Opposite Party :- State of U.P. Counsel for Applicant :- R P Rajan Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri R.P. Rajan learned counsel for the applicant as well as Sri Sanjay Kumar Singh learned AGA for the State respondent.

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This is an Application U/S 439 of the Code of Criminal Procedure filed on behalf of the applicant Santosh Patel for enlarging bail for enlarging on bail in connection with Case Crime No. 36 of 2023 under Section 419, 420, 468, 120B I.P.C. and Section 66D Information Technology Act, Police Station Chitaipur District Varanasi.

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The bail application preferred by the applicant has been rejected on 15.05.2023.

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Learned counsel for the applicant has argued that a first information report has been lodged by the informant against the applicant and 19 others before the said police station on 26.02.2023 with an allegation that the applicant along with the coaccused has acted as a gang in solving the papers while taking aid of the electronic and computer items. Learned counsel for the applicant submits that he is a peon and the only recovery which is being made is of a mobile which he possesses of his own and Rs. Rs. 800/-. The alleged recovery is a planted one and applicant have been falsely implicated. Learned counsel for the applicant has invited the attention of the Court towards paragraph No. 10 so as to contend that the applicant does not possess criminal history and is unnecessarily languishing in jail since 26.02.2023.

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Learned AGA on the other hand submits that the magnitude of the offence itself shows that an active gang is operating which is indulging in such an activity which is tarnishing not only the image of the education system but also jeopardizing the academic career of the students and thus, the applicant should not be enlarged on bail. Though it has not been disputed that the applicant does not possess criminal history and the recovery of a mobile phone and Rs. 800/- was found.

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Considering the submission of the rival parties as well as the stand taken by them, the Court is of the prima facie opinion that the applicant is entitled to bail as he does not possess any criminal history and he is languishing in jail since 26.02.2023.

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These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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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 Santosh Patel involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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

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

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

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(iv) The applicant 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 him 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 applicant 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 conditions, it shall be a ground for cancellation of bail.

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Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 2.6.2023 Rajesh

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Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad

Santosh Patel v. State of U.P.

Case brief

What is this about?

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Santosh Patel v. State of U.P.

Case brief

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