Satish Kumar v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. -29 Case :-CRIMINAL MISC. BAIL APPLICATION No. -2318 of 2023 Applicant :-Satish Kumar Opposite Party :-State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :-Girdhari Lal Shukla,Ashok Kumar Singh,Jitesh Singh @ J.K.Chaudhary,Vipul Kumar Mishra Counsel for Opposite Party :-G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. This application has been moved by the applicant -Satish Kumar to enlarge him on bail in Case Crime No. 234 of 2022 under Sections 420 IPC Police Station Ramkot, District Sitapur. It is argued by the learned counsel for the applicant that the incident is said to be of the month of October, 2019 and the FIR has been lodged after four years on 17.05.2022. The applicant was only a mediator in the incident. There is no allegation that the money was received by him. The main accused, who is said to have received money, is Anoop Singh. The investigation against Anoop Singh is still pending. The applicant is languishing in jail since 30.05.2022, hence, the prayer for bail is made. Learned A.G.A. opposed the prayer for bail and submitted that the present applicant is the person who arranged a meeting of the first informant and Anoop Singh. He was the hidden beneficiary in the transaction. The applicant is having criminal history of two more cases apart from present case. From perusal of the record, it is found that as per FIR the first informant is said to have paid Rs. 5 lacs to one Anoop Singh for arranging him a job. The role of present applicant was to introduce Anoop Singh with the first informant. There is no allegation that any amount was paid to him by the first informant. The applicant is said to be bailed out in one case being Case Crime No. 179 of 2020 on 02.12.2022. The order is appended at page-14 of the paper book. The applicant is languishing in jail since 30.05.2022. Considering the facts and circumstances of the case, perusing the record, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. The bail application is allowed. Let the applicant Satish Kumar involved in the aforesaid case be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. 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, if any, 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 ultimate merits of the case. Order Date :- 6.12.2023 gp High Court of Judicature at Allahabad, Lucknow Bench