High Court · 2025
Case Details
Applicant :- Satyendra Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vaibhav Srivastava,Ravi Singh Counsel for Opposite Party :- G.A.,Dharmendra Kumar,Rakesh Kumar Hon'ble Shree Prakash Singh,J. Rejoinder AfÏdavit filed on behalf of the applicant is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0064 of 2023, under sections 419, 420, 467, 468, 471, 120-B of the I.P.C. and Sections 66-C & 66-D of the Information and Technology Act, Police Station- Kotwali Bikapur,District -Faizabad/Ayodhya. Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the instant matter due to ulterior motive. He added that the applicant has been made an escape goat and he was not involved in committing any offence, as is evident from the facts mentioned in paragraph no. 13 of the Counter AfÏdavit filed on behalf of the State. Referring the aforesaid, he submits that the Investigating OfÏcer, after conducting the investigation, found that the amount so incredited in the account of the applicant,was transferred in the accounts of the co-accused persons, namely, Shubham Pandey and Anand Kumar Shukla, who have already been enlarged on bail by a coordinate Bench of this court. He added that infact the offence, which is charged against the applicant, does not attract in the present matter as the applicant is in no way beneficiary of the said transaction. He next added that the co- accused persons namely, Shubham Pandey and Anand Kumar Shukla, have already been granted bail by a coordinate Bench of this court vide order dated 24-09-2024 passed in Criminal Misc. Bail Application No. 10180 of 2024 and the order dated 17-09-2024 passed in Criminal Misc. Case No. 8737 of 2024 and the case of the present applicant is rather on better footing. He submits that the applicant had cooperated in the investigation proceedings and he undertakes that he will always remain present before the trial court during the trial proceedings and would never jump the conditions of the bail if the bail is granted. He next submits that the applicant is a law abiding citizen and there is a case criminal history, which has been explained and he is languishing in jail since 21-08-2024. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned counsel for the complainant and learned AGA appearing for the State have opposed the contentions aforesaid and submitted that there are serious allegations against the applicant and as such, he is not entitled for any relief, but, they could not dispute the fact that the co-accused named above, have already been granted bail by this court. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 21-08-2024; criminal history of the applicant has been explained; the co-accused persons named above, have already been enlarged on bail by this court coupled with the fact that he has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Satyendra Kumar Singh involved in the aforementioned 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 17.2.2025 AKS ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
Applicant :- Satyendra Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vaibhav Srivastava,Ravi Singh Counsel for Opposite Party :- G.A.,Dharmendra Kumar,Rakesh Kumar Hon'ble Shree Prakash Singh,J. Rejoinder AfÏdavit filed on behalf of the applicant is taken on record. Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0064 of 2023, under sections 419, 420, 467, 468, 471, 120-B of the I.P.C. and Sections 66-C & 66-D of the Information and Technology Act, Police Station- Kotwali Bikapur,District -Faizabad/Ayodhya. Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the instant matter due to ulterior motive. He added that the applicant has been made an escape goat and he was not involved in committing any offence, as is evident from the facts mentioned in paragraph no. 13 of the Counter AfÏdavit filed on behalf of the State. Referring the aforesaid, he submits that the Investigating OfÏcer, after conducting the investigation, found that the amount so incredited in the account of the applicant,was transferred in the accounts of the co-accused persons, namely, Shubham Pandey and Anand Kumar Shukla, who have already been enlarged on bail by a coordinate Bench of this court. He added that infact the offence, which is charged against the applicant, does not attract in the present matter as the applicant is in no way beneficiary of the said transaction. He next added that the co- accused persons namely, Shubham Pandey and Anand Kumar Shukla, have already been granted bail by a coordinate Bench of this court vide order dated 24-09-2024 passed in Criminal Misc. Bail Application No. 10180 of 2024 and the order dated 17-09-2024 passed in Criminal Misc. Case No. 8737 of 2024 and the case of the present applicant is rather on better footing. He submits that the applicant had cooperated in the investigation proceedings and he undertakes that he will always remain present before the trial court during the trial proceedings and would never jump the conditions of the bail if the bail is granted. He next submits that the applicant is a law abiding citizen and there is a case criminal history, which has been explained and he is languishing in jail since 21-08-2024. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned counsel for the complainant and learned AGA appearing for the State have opposed the contentions aforesaid and submitted that there are serious allegations against the applicant and as such, he is not entitled for any relief, but, they could not dispute the fact that the co-accused named above, have already been granted bail by this court. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 21-08-2024; criminal history of the applicant has been explained; the co-accused persons named above, have already been enlarged on bail by this court coupled with the fact that he has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Satyendra Kumar Singh involved in the aforementioned 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, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 17.2.2025 AKS ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench