Allowed

Sattiyom v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.

Allahabad HC1 Aug 2024/637/2024

Case brief

AI extract

What is this about?

Bail application under Section 364 IPC regarding alleged taking away of an informant's child. Court noted contradictions between recovery memo and supurdginama, charge-sheet filed and prolonged incarceration, and enlarged the accused on bail subject to standard conditions.

What did the court decide?

Applicant Sattiyom released on bail on furnishing personal bond and two sureties, subject to conditions including non-tampering with evidence and presence at trial.

Sattiyom Vs State of U.P Thru. Prin. Secy. Home Deptt… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52763

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 637 of 2024

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Applicant :- Sattiyom Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.

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Counsel for Applicant :- Bhanu Pratap Singh,Mohd. Tariq Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.370 of 2022, under Section 364 I.P.C., P.S. Jankipuram, District Lucknow.

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It is alleged in the prosecution case that fight took place at the home of informant Rekha Devi a day before and applicant took her child and went somewhere. It is also alleged that applicant is not giving her son to her. She also called him on his mobile number 9076668512.

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Learned counsel for applicant submits that applicant is innocent, he has no criminal history. The child was not kidnapped or abducted as alleged in the prosecution case. He submits that on the very next day the child was handed over to the informant on 23.12.2022, the thumb impression of Rekha Devi is on the supurdginama. He submits that this recovery also become doubtful as again on 24.12.2022 recovery of the child is shown by the police, both the recovery memo as well as supurdginama are contradictory, applicant is innocent has been falsely implicated in this case.

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Learned A.G.A. has opposed the bail prayer.

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 24.12.2022, charge-sheet has been filed, contradiction in the recovery memo as well as supurdginama, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Sattiyom be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 1.8.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Sattiyom v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.

Case brief

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Sattiyom v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko.

Case brief

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