Satendra Kumar vs. State Of U.P.
Held
The Court held that the applicant is entitled to bail. The decision was based on several factors, including the nature of the accusation, the severity of the punishment in case of conviction, the nature of the supporting evidence, and the prima facie satisfaction of the court regarding the charge. The Court also considered the reformative theory of punishment and the larger mandate of Article 21 of the Constitution of India. Citing the Apex Court's decision in Dataram Singh v. State of U.P. and another, the Court granted bail without expressing any opinion on the ultimate merits of the case. The applicant was directed to furnish a personal bond to the satisfaction of the jail authorities and to provide sureties within one month of release. Conditions for bail included cooperation in the trial, not tampering with witnesses, and not indulging in illegal activities. The order clarified that observations were confined to the bail application and not reflective of the case's merits.
Facts
The applicant, Satendra Kumar, sought bail in Case Crime No. 1132 of 2018, registered under Sections 420, 466, 468, 120-B of the Indian Penal Code and Section 132 of the CGST Act, at Police Station Surajpur, District Gautam Budh Nagar. The applicant has been in jail since June 21, 2019, and claims to have no prior criminal history. The bail application was considered by the High Court in its chamber. The court perused the bail application, affidavit, and annexures. The prosecution is the State of U.P.
Key Issues
1. Whether the applicant, Satendra Kumar, is entitled to be released on bail under Section 439 of the Code of Criminal Procedure, 1973, considering the nature of the accusation, severity of punishment, supporting evidence, prima facie satisfaction of the court, reformative theory of punishment, and the mandate of Article 21 of the Constitution of India? Contentions: Petitioner (Satendra Kumar): Argued innocence based on averments in the bail application, highlighting no previous criminal history and the period of incarceration since June 21, 2019. Relied on the Apex Court's dictum in Dataram Singh v. State of U.P. and another. Revenue (State of U.P.): No specific arguments recorded in the judgment for the State.
Sections Cited
Section 132 CGST
AI-generated summary — verify with the full judgment below
In Chamber Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4942 of 2020 Applicant :- Satendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Under the orders of Hon'ble The Chief Justice this bail application has been listed today in my chamber. I myself have perused the bail application as well as the accompanying affidavit as well as annexures filed in support thereof.
Perusal of the record shows that several grounds have been mentioned in this bail application in order to prove the innocence of the applicant. Regard being had to the averment that the applicant has no previous criminal history and he is in jail since 21.6.2019. Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case,
The judgment continues below.
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