The Court allowed the bail application of the applicant, Ashok, charged under IPC Sections 394, 411, and 120B, applying the law in Satendra Kumar Antil. The applicant was ordered to be released on furnishing a personal bond and two sureties.
Release of the applicant on bail on furnishing a personal bond and two sureties, each of a like amount.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55454 of 2022
Applicant :- Ashok @ Rinku @ Baba @ Boss Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, 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. 273 of 2022, u/s 394, 411, 120B I.P.C., P.S. Kotwali Sadabad, District Hathras, during pendency of the trial.
It is argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant's case is similar to that of co-accused, namely, Pradeep Pawar Jaat, Abhishek and Dharmendra @ Chhotu, who have been granted by coordinate Bench of this Court. Criminal history of the applicant has been explained in the supplementary affidavit which is filed today by learned counsel for the applicant during the course of the argument. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 29.9.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid argument.
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 larger mandate of the Article 21 of the Constitution of India, 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, Ashok @ Rinku @ Baba @ Boss , who is involved in the aforesaid case 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 subject to
following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 23.1.2023 Vandana
Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to release on bail pending trial.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherApplied¶9
Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P. (Crl.) No. 5191 of 2021
1 provisions across 1 enactments
Ashok @ Rinku @ Baba @ Boss
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
