Allowed

Nanak Chand and 3 Others v. State of U.P.

Allahabad HC12 Sept 2019BAIL/16432/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the Court allowed the petition of Nanak Chand and others accused under IPC Sections 420, 467-471, 272-273 and Excise Act Section 60(2). The Court found it a fit case for bail without expressing an opinion on the merits, as co-accused had already been granted bail.

What did the court decide?

Applicants Nanak Chand and Ravi released on bail on executing a personal bond and furnishing two sureties each.

Nanak Chand and 3 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16432 of 2019

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Applicant :- Nanak Chand And 3 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Kumar,Gaurav Kakkar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicants and learned A.G.A for the State.

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This bail application has been moved seeking bail in Case Crime No. 451 of 2018, under Sections 420, 467, 468, 471, 272 and 273 I.P.C. and Section 60(2) Excise Act, P.S. Gabhana, District Aligarh during the pendency of trial.

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The contention of the learned counsel for the applicant is that total 55 carton of illicit liquor were recovered from the front of the house of Sunder Singh who is shown absconding in the FIR and the accused-applicants are stated to be living in the premises on rent as tenant of Sunder Singh. He further submits that Rs.60 from Omprakash and one mobile from Amit are shown to have been recovered. Both the accused-applicants have been falsely implicated in the present case. It is further argued that besides the recovery of liquor, there is no report on record indicating that the said recovered liquor was injurious to life as no chemical examination report is placed on record. The applicants are not involved in any other criminal case. The applicants are absolutely innocent and are languishing in jail since 24.10.2018. In case the applicants are released on bail they will not misuse the liberty of bail.

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Per contra learned A.G.A. opposed the bail prayer of the applicants but has not controverted the aforesaid facts that the similarly placed co-accused Om Prakash, Amit and Kamal Singh have already been granted bail by this Court on 24.4.2019 and 08.05.2019 respectively.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicants Nanak Chand and Ravi involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 12.9.2019 A.N. Mishra

Nanak Chand and 3 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nanak Chand and 3 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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