Satyam Raydas@ Satyam Kumar v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43549 of 2023 Applicant :- Satyam Raydas@ Satyam Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar,Sumit Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and learned AGA for the State.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 21 of 2022, under Sections 411, 419, 420, 467, 468 and 471 of I.P.C., Police Station-Attarsuiya, District-Prayagraj during pendency of the trial.

¶3Counsel for the applicant contends that the applicant was not arrested at the spot and has been falsely implicated in the instant case. The applicant was nominated as an accused in the first information report pursuant to the statements made by the co-accused persons before the Police authorities. The said statements, insofar as, it implicate the applicant are unreliable. No recovery of any incriminating article has been made from the applicant. The criminal history of the applicant has been explained in para no. 15 of the bail application. The applicant is in jail since 16.09.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record.

¶5Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the applicant was not arrested at the spot. The name of the applicant was disclosed by the persons who were arrested at the spot. At present, there is no substantive evidence against the applicant. Further, the applicant has remained confined for more more than one month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Satyam Raydas@ Satyam Kumar involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 31.10.2023 Sachin Mishra High Court of Judicature at Allahabad