Satendra Kumar vs. State Of U.P.
Held
The Court granted bail to the applicant, Satendra Kumar. The decision was based on a consideration of the relevant facts, including the filing of the charge-sheet and the applicant's period of incarceration since September 23, 2019. The Court found it to be a fit case for bail without commenting on the merits of the case. The applicant is to be released on furnishing a personal bond and two sureties. Additionally, due to the prevailing COVID-19 situation and lockdown impediments in arranging sureties, the Court invoked its powers under Article 226 and 227 of the Constitution and directed that the applicant may be released on executing a personal bond, undertaking to furnish required sureties within one month of actual release, as per the Court's earlier order in Public Interest Litigation No. 564 of 2020. The bail is subject to conditions including not tampering with evidence, not harming the victim, abiding by court orders, attending court, not delaying the trial, and not indulging in unlawful activity or misusing liberty.
Facts
This is a bail application filed by Satendra Kumar, the applicant, who is involved in Case Crime No. 1208 of 2018, under Sections 420, 466, 467, 120B of the Indian Penal Code and Section 132 of the CGST Act. The applicant claims innocence and states that a charge-sheet was filed on September 7, 2019, rendering him unnecessary for further investigation. He has been in jail since September 23, 2019. The State opposed the bail application, but did not deny the filing of the charge-sheet. The Court considered the applicant's incarceration period, the filing of the charge-sheet, and the overall circumstances.
Key Issues
1. Whether the applicant, Satendra Kumar, is entitled to be released on bail in Case Crime No. 1208 of 2018, under Sections 420, 466, 467, 120B of the IPC and Section 132 of the CGST Act, given that a charge-sheet has been filed and he has been in jail since September 23, 2019? Petitioner's Argument: The applicant is innocent, falsely implicated, and no longer required for investigation as a charge-sheet has been filed. He has been in jail for a significant period and is not likely to abscond, misuse liberty, or tamper with evidence. Revenue/State's Argument: The learned AGA opposed the prayer for bail but did not deny the filing of the charge-sheet.
Sections Cited
Section 132
AI-generated summary — verify with the full judgment below
In Chamber Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50393 of 2019 Applicant :- Satendra Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Written objection on behalf of the State of U.P. filed today be kept on record.
This is an application for bail moved on behalf of the applicant, Satendra Kumar, who is involved in Case Crime No. 1208 of 2018, under Sections 420, 466, 467, 120B of I.P.C., and Section 132 of CGST Police Station- Surajpur, District- Gautambudha Nagar.
It has been averred that the applicant is innocent and has been falsely implicated. It is further averred that a charge-sheet has already been filed on 7.9.2019 in the matter, as such, the applicant is no more required for the purposes of investigation.
Having considered all relevant facts of the case, without making any observations on merits, I am inclined to accept this application. It is further averred that the applicant is in jail since 23.09.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned AGA through E
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