In a bail application regarding an offence under Sections 272 and 273 IPC and Section 60 of the Excise Act, the High Court allowed the applicant's release on bail requiring a personal bond and two sureties.
Enlargement of the applicant Nanda Yadav on bail by furnishing a personal bond and two reliable sureties.
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Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16056 of 2018
Applicant :- Nanda Yadav @ Nand Lal Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava,Sajjan Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved by the applicant Nanda Yadav @ Nand Lal Yadav who is involved in Case Crime No. 232 of 2017, under Sections 272, 273 I.P.C., and Section 60 Excise Act, Police Station-Sidhari, District-Azamgarh.
As per prosecution version, on 13.8.2017 at about 3:05 AM illicit liquor was recovered from the spot. Applicant and other co-accused were not arrested from the spot.
Learned counsel for the applicant contended that co-accused Jhinku Yadav @ Jinku Yadav has already been enlarged on bail vide order dated 29.5.2018 passed by this Court in criminal misc. bail application no. 11728 of 2018. He further contended that applicant has no criminal antecedents. There is no any scientific report which can show that the alleged recovered liquor was adulterated or the same is injurious to health.
Learned A.G.A., has opposed the prayer for bail.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant -Nanda Yadav @ Nand Lal Yadav , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 6.7.2018 Jaswant
2 issues framed by the court
Whether the facts of the case warrant the enlargement of the applicant on bail.
Whether the default on a personal bond constitutes a ground for refusing bail in a liquor-related offence.
2 provisions across 2 enactments
Nanda Yadav @ Nand Lal Yadav
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
