Rahul v. State of U.P.
Case brief
What is this about?
This court granted bail to Rahul, an applicant charged with producing illegal wine and forgery offences. The court held the applicant entitled to bail based on the reformative theory of punishment without expressing an opinion on the merits.
What did the court decide?
Release of applicant on bail with personal bond and two sureties; pass job conditions including no tampering with witnesses and no illegal activities.
What the court decided
Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9594 of 2018
Applicant :- Rahul Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Babu Sharma,Ardhendu Shekhar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State and perused the record.
According to the prosecution version, on 3.1.2018 at about 5.30 P.M. the informant Sub Inspector arrested the applicant along with a motor cycle Splender black colour and its number was UP 12X 0956 and also recovered a plastic bag in which 75 pouch of 250 gm.illegal wine was kept and on the pouch label of Romeo Crazy whisky Arunachal Pradesh was affixed.
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 due to ulterior motive. It is next contended that the applicant was arrested by the police from his house on 3.1.2018 and falsely implicated in this case due to village parti bandi. There is no independent witness to support the prosecution case. 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 3.1.2018. The applicant has no other reported criminal antecedent.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail despite charges involving Excise Act and IPC offences.
Parties & counsel
- applicant
Rahul
Coram
Vivek Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/9594/2018
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