Allowed

Tarun v. State of U.P.

Allahabad HC22 Mar 2018BAIL/10741/2018

Case brief

AI extract

What is this about?

The Court allowed the criminal bail application filed by Tarun, accused under the Excise Act and IPC. Despite the severity of charges, the Court found reasonable apprehension of witness tampering only sufficient for bail to be granted subject to personal bond and sureties and standard bail conditions.

What did the court decide?

Released on bail with a personal bond of Rs. 1.00 lac and two sureties of like amount on standard conditions.

Tarun Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10741 of 2018

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Applicant :- Tarun Opposite Party :- State Of U.P. Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri S.K.Tiwari, learned counsel for the applicant and Sri Purshottam Maurya, learned A.G.A. appearing for the State.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case and he has committed no offence. It is further submitted that the the applicant is 65% handicapped person and unable to walk properly. False recovery has been shown against the applicant and three is no independent witness to support the prosecution story. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.1.2018. The applicant has no other reporter criminal antecedent.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Tarun involved in Case Crime No. 47 of 2018, under Section 60(2) Excise Act and 120-B, 255, 256, 260, 272, 419, 420, 467, 468 I.P.C., Police Station Banna Devi, District Aligarh be released on bail on his furnishing a personal bond of Rs.1.00 lac with two sureties (One should be of his family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 22.3.2018 IA

Tarun v. State of U.P.

Case brief

What is this about?

What did the court decide?

Tarun v. State of U.P.

Case brief

What is this about?

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