Allowed

Satish Saini v. State of U.P.

Allahabad HC6 Apr 2023BAIL/7114/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Satish Saini in a case under Sections 379 and 411 IPC. The court accepted that it was a fit case for bail without commenting on the merits, imposing standard conditions including a personal bond and sureties.

What did the court decide?

The applicant was released on bail on furnishing a personal bond with two sureties in the like amount, subject to conditions.

Satish Saini Vs State of U.P. — Property and Title | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7114 of 2023

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Applicant :- Satish Saini Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Supplementary affidavit filed by the learned counsel for the applicant is taken on record.

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Heard learned counsel for the applicant and Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record. It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the F.I.R. and his name has come into light during the course of investigation. It is next contended that the applicant is not involved in the crime as alleged in the F.I.R. It is further submitted that nothing incriminating has been recovered from the possession of the applicant. It is further submitted that there is no independent witness of the recovery that has been shown against the applicant. It is further submitted that there is criminal history of the applicant and the same has been explained in para no. 4 of the supplementary affidavit. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 30.12.2022.

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Learned A.G.A. has vehemently opposed the prayer for bail. Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against the applicant, severity of punishment to be awarded in case of conviction, offence is triable by the magistrate, delay in conclusion of trial and without commenting on the merits of the case, I find it to be a fit case for bail.

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Let the applicant Satish Saini involved in Case Crime No. 0710 of

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2022, under Sections 379, 411 I.P.C., Police Station Kotwali, District Ballia be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 6.4.2023

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Bhanu

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Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad

Satish Saini v. State of U.P.

Case brief

What is this about?

What did the court decide?

Satish Saini v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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