Satish v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40904 of 2023 Applicant :- Satish Opposite Party :- State of U.P. Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard M.P.S. Chauhan, learned counsel for the applicant and learned A.G.A. for the State and perused the records.

¶2The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 47 of 2010, G.S.T. No. 07 of 2011, under Section 2/3 U.P. Gangsters Act, Police Station Quarsi, District Aligarh, during pendency of the trial.

¶3According to the learned counsel for the applicant the applicant is languishing in jail since 15.09.2022, in case he is enlarged on bail, he will not misuse the said liberty, and there is no likelihood of abscondence or tampering with evidence.

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

¶5It is a case of abscondence (jump bail) in which when the applicant did not attained the case/court since 2018, he was arrested later on and is in jail since 15.09.2022, no useful purpose would be served by this Court to keeping the applicant in jail, initially he has been enlarged on bail.

¶6In view of the above facts, the bail application is allowed.

¶7Let the applicant, Satish 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; iii. the applicant shall appear on each and every date fixed by the trial court. iv. the applicant will not leave the territorial district Aligarh, without previous permission of the trial court till disposal of the case.

¶8In 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 :- 2.11.2023 Vikram High Court of Judicature at Allahabad