This judgment grants bail to the applicant by ruling that he has made out a case for release, without expressing an opinion on the merits or referring to the law laid down in Satendra Kumar Antil case.
Release on bail by furnishing a personal bond and two sureties in the like amount.
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Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59731 of 2022
Applicant :- Ashish Kumar Niranjan Opposite Party :- State of U.P. Counsel for Applicant :- Lakshman Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Ashish Kumar Niranjan with a prayer to release him on bail in Case Crime No.839 of 2020, under Sections 420, 406, I.P.C. P.S.Kotwali Orai, District Jalaun, during pendency of the trial.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. The offences are punishable with less than seven years of punishment and are exclusively triable by the Magistrate. It has been further argued that on similar set of facts, various cases have been lodged against the applicant and in some of them, he has been enlarged on bail. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 03.09.2020 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
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 the law laid down by the Apex Court in 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, Ashish Kumar Niranjan, 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 :- 15.3.2023 Atul kr. sri.
Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a prima facie case for bail in an offence triable by a Magistrate.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
Ashish Kumar Niranjan
Siddharth, J.
Atul Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
