State of Uttar Pradesh v. Satish Kumar

1. Heard Sri Sheo Prakash Singh (S.P. Singh), learned counsel for the appellant/ applicant, Ms. Meera Tripathi, learned Additional Government Advocate for the State and Sri Nadeem Murtaza, learned counsel assisted by Sri Shashank Tilhari, learned counsel for the informant.

2. Sri S.P. Singh, learned counsel for the appellant/ applicant has filed the rejoinder affidavit, today in the Court, the same is taken on record.

3. This is the first bail application in an appeal filed by the present appellant/ applicant (Satish Kumar @ Satai) against the judgment and order dated 25.10.2024 passed by the learned District & Sessions Judge, Sultanpur in Session Trial No.234 of 2018 (State of Uttar Pradesh vs. Satish Kumar @ Satai) arising out of Case Crime No.17 of 2018, under Sections 147, 148, 302/149, 307/149 & 120-B I.P.C. and Section 3/4 of Explosive Substance Act, Police Station-Jagdishpur, District-Amethi, whereby the present appellant/ applicant has been convicted and sentenced for maximum period of life imprisonment with fine stipulations, so far as it relates to the present appellant/ applicant (Satish Kumar @ Satai).

4. Sri S.P. Singh, learned counsel for the appellant/applicant has stated that the present appellant/ applicant is a 100% disabled person having blindness of his both eyes. Such blindness have been developed immediately after the occurrence in question. Sri Singh has submitted that in the incident in question the present appellant/ applicant received some injuries on the eyes areas, therefore, he suffered from blindness. 2 CRLA No. 3727 of 2024

5. Attention has been drawn by learned counsel for the present appellant/ applicant towards Annexure No.7 of the bail application which is a Disability Certificate dated 06.12.2022 issued by the Medical Authority, Amethi, which is as under:- "(A) He is a case of Blindness. (B) The diagnosis in his case is Both eye Hypermature cataract Pthisis bulbi. (C) He has 100% (in figure) One hundred percent (in words) Permanent Disability in relation to his BOTH EYE as per the guidelines (Guidelines for the purpose of assessing the extent of specified disability in a person included under RPwD Act, 2016 notified by Government of India vide S.O.76(E) dated 04/01/2018)."

6. Sri S.P. Singh has stated that during trial period the present appellant/ applicant remained in jail for a period of six years and two months and has been granted bail by this Court vide order dated 16.04.2024 passed in Criminal Misc. Bail Application No.9692 of 2023 considering the aforesaid disability. The bail order has been annexed as Annexure No.8 to the bail application.

7. Sri S.P. Singh has further submitted that having 100% disability, the present appellant/ applicant was not being looked after properly in the jail and he cannot even move without having any help from others. Further, if he is released on bail, he may be able to take some treatment for his blindness and other ailment which has developed recently. Before his blindness, he was implicated in 07 other cases and in those 07 cases he has been enlarged on bail, as this fact has been indicated in para-25 of the bail application as well as in para-15 of the rejoinder affidavit.

8. Therefore, learned counsel for the appellant/ applicant has stated that considering the aforesaid facts and circumstances, the present appellant/ applicant may be enlarged on bail as during the course of bail he did not misuse the liberty of bail and further he will not misuse the liberty of bail. The paper-book is not ready. Therefore, direction may be issued to the office to prepare the Paper-book at the earliest. He undertakes that as and when the paper-book is ready and copy thereof has been provided to the learned counsel for the parties and the appeal is listed next, he will argue the appeal on merits without taking any unnecessary adjournment.

9.Per contra, Ms. Meera Tripath, learned Additional Government Advocate, 3 CRLA No. 3727 of 2024 Sri Nadeep Murtaza and Sri Shashank Tilhari, learned counsels for the informant have opposed the bail application of the present appellant/ applicant by submitting that the present appellant/ applicant has been convicted on the basis of reliable material and evidences but so far as his disability of 100% blindness is concerned, as has been indicated in his disability certificate, they have nothing to say. They have further submitted that any appropriate order may be passed in the interest of the prosecution.

10.Having heard learned counsel for the parties and having perused the material available on record, without entering into merits of the appeal, considering the fact that the present appellant /applicant is a 100% disabled person having blindness in his both eyes; on account of the aforesaid ailment he is facing serious problems in jail as he cannot move without having any help from others; the fact that during course of bail he did not misuse the liberty of bail, the present appellant/ applicant remained in jail for about more than six years; the Paper-book is not ready and the undertaking of learned counsel for the present appellant/ applicant that he will not misuse the liberty of bail and he shall argue the appeal on merits as and when it is next listed, we find it appropriate that the present appellant/ applicant may be released on bail.

11. Accordingly, the bail application is disposed of.

12.Let the present appellant/applicant (Satish Kumar @ Satai), convict of the aforesaid session trial, be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The original copy of the bail bonds and sureties be transmitted to this Court to be kept on record after keeping its photocopy on record. (ii) So far as the amount of fine is concerned, the present appellant/applicant shall deposit 50% of the total fine amount within four weeks from the date of her release, however, the remaining 50% of the fine amount shall remain stayed. (iii) It is made clear that if the accused-appellant/applicant commits any offence during course of bail, the prosecution will be at liberty to file an application for cancellation of bail. (iv) The present appellant/ applicant shall not leave the country without prior permission of the Court. (Order on Appeal) 4 CRLA No. 3727 of 2024

13.List this criminal appeal in the month of January, 2026 within top ten cases for hearing along with other connected appeal.

14.Office is directed to prepare the Paper-book at the earliest and copy thereof be supplied to the learned counsel for the parties, as per rules. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December18,2025 Suresh/

1. Heard Sri Sheo Prakash Singh (S.P. Singh), learned counsel for the appellant/ applicant, Ms. Meera Tripathi, learned Additional Government Advocate for the State and Sri Nadeem Murtaza, learned counsel assisted by Sri Shashank Tilhari, learned counsel for the informant.

2. Sri S.P. Singh, learned counsel for the appellant/ applicant has filed the rejoinder affidavit, today in the Court, the same is taken on record.

3. This is the first bail application in an appeal filed by the present appellant/ applicant (Satish Kumar @ Satai) against the judgment and order dated 25.10.2024 passed by the learned District & Sessions Judge, Sultanpur in Session Trial No.234 of 2018 (State of Uttar Pradesh vs. Satish Kumar @ Satai) arising out of Case Crime No.17 of 2018, under Sections 147, 148, 302/149, 307/149 & 120-B I.P.C. and Section 3/4 of Explosive Substance Act, Police Station-Jagdishpur, District-Amethi, whereby the present appellant/ applicant has been convicted and sentenced for maximum period of life imprisonment with fine stipulations, so far as it relates to the present appellant/ applicant (Satish Kumar @ Satai).

4. Sri S.P. Singh, learned counsel for the appellant/applicant has stated that the present appellant/ applicant is a 100% disabled person having blindness of his both eyes. Such blindness have been developed immediately after the occurrence in question. Sri Singh has submitted that in the incident in question the present appellant/ applicant received some injuries on the eyes areas, therefore, he suffered from blindness. 2 CRLA No. 3727 of 2024

5. Attention has been drawn by learned counsel for the present appellant/ applicant towards Annexure No.7 of the bail application which is a Disability Certificate dated 06.12.2022 issued by the Medical Authority, Amethi, which is as under:- "(A) He is a case of Blindness. (B) The diagnosis in his case is Both eye Hypermature cataract Pthisis bulbi. (C) He has 100% (in figure) One hundred percent (in words) Permanent Disability in relation to his BOTH EYE as per the guidelines (Guidelines for the purpose of assessing the extent of specified disability in a person included under RPwD Act, 2016 notified by Government of India vide S.O.76(E) dated 04/01/2018)."

6. Sri S.P. Singh has stated that during trial period the present appellant/ applicant remained in jail for a period of six years and two months and has been granted bail by this Court vide order dated 16.04.2024 passed in Criminal Misc. Bail Application No.9692 of 2023 considering the aforesaid disability. The bail order has been annexed as Annexure No.8 to the bail application.

7. Sri S.P. Singh has further submitted that having 100% disability, the present appellant/ applicant was not being looked after properly in the jail and he cannot even move without having any help from others. Further, if he is released on bail, he may be able to take some treatment for his blindness and other ailment which has developed recently. Before his blindness, he was implicated in 07 other cases and in those 07 cases he has been enlarged on bail, as this fact has been indicated in para-25 of the bail application as well as in para-15 of the rejoinder affidavit.

8. Therefore, learned counsel for the appellant/ applicant has stated that considering the aforesaid facts and circumstances, the present appellant/ applicant may be enlarged on bail as during the course of bail he did not misuse the liberty of bail and further he will not misuse the liberty of bail. The paper-book is not ready. Therefore, direction may be issued to the office to prepare the Paper-book at the earliest. He undertakes that as and when the paper-book is ready and copy thereof has been provided to the learned counsel for the parties and the appeal is listed next, he will argue the appeal on merits without taking any unnecessary adjournment.

9.Per contra, Ms. Meera Tripath, learned Additional Government Advocate, 3 CRLA No. 3727 of 2024 Sri Nadeep Murtaza and Sri Shashank Tilhari, learned counsels for the informant have opposed the bail application of the present appellant/ applicant by submitting that the present appellant/ applicant has been convicted on the basis of reliable material and evidences but so far as his disability of 100% blindness is concerned, as has been indicated in his disability certificate, they have nothing to say. They have further submitted that any appropriate order may be passed in the interest of the prosecution.

10.Having heard learned counsel for the parties and having perused the material available on record, without entering into merits of the appeal, considering the fact that the present appellant /applicant is a 100% disabled person having blindness in his both eyes; on account of the aforesaid ailment he is facing serious problems in jail as he cannot move without having any help from others; the fact that during course of bail he did not misuse the liberty of bail, the present appellant/ applicant remained in jail for about more than six years; the Paper-book is not ready and the undertaking of learned counsel for the present appellant/ applicant that he will not misuse the liberty of bail and he shall argue the appeal on merits as and when it is next listed, we find it appropriate that the present appellant/ applicant may be released on bail.

11. Accordingly, the bail application is disposed of.

12.Let the present appellant/applicant (Satish Kumar @ Satai), convict of the aforesaid session trial, be released on bail on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The original copy of the bail bonds and sureties be transmitted to this Court to be kept on record after keeping its photocopy on record. (ii) So far as the amount of fine is concerned, the present appellant/applicant shall deposit 50% of the total fine amount within four weeks from the date of her release, however, the remaining 50% of the fine amount shall remain stayed. (iii) It is made clear that if the accused-appellant/applicant commits any offence during course of bail, the prosecution will be at liberty to file an application for cancellation of bail. (iv) The present appellant/ applicant shall not leave the country without prior permission of the Court. (Order on Appeal) 4 CRLA No. 3727 of 2024

13.List this criminal appeal in the month of January, 2026 within top ten cases for hearing along with other connected appeal.

14.Office is directed to prepare the Paper-book at the earliest and copy thereof be supplied to the learned counsel for the parties, as per rules. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) December18,2025 Suresh/