Allowed

Narendra Kumar v. State of U.P.

Allahabad HC24 Jul 2019BAIL/18752/2019

Case brief

AI extract

What is this about?

In this bail application, the court allowed the plea for the applicant, Narendra Kumar, an accused in a case relating to cheating and illegal liquor recovery. The court granted bail based on parity with co-accused already released and the nature of allegations, imposing standard bail conditions.

What did the court decide?

Narendra Kumar released on bail with personal bond and two sureties subject to conditions against tampering and non-appearance.

Narendra Kumar Vs State of U.P. — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18752 of 2019

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Applicant :- Narendra Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Counter affidavit filed today is taken on record.

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

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This is a bail application on behalf of the applicant in connection with Case Crime No.219 of 2019, under Sections 420, 467, 468, 471 IPC and Section 60 of Excise Act, P.S. Kotwali, District Mainpuri.

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The contention of the learned counsel for the applicant is that the applicant is quite innocent and he has been falsely implicated in the present case. It is further submitted that the present accused was driver of the truck from which illegal liquor was allegedly found. It is further submitted that he is having no concern with the alleged liquor or alleged recovery. Offence is triable by the Magistrate. It is further submitted that the co-accused Dipak Pal and Prabhakant @ Rahul @ Muski having similar role have already been enlarged on bail vide orders dated 23.4.2019 passed by the another Bench of this Court in Criminal Misc. Bail Application Nos. 16563 of 2019 and 16619 of 2019. Hence, the present applicant is also entitled to be enlarged on bail on the ground of parity. Lastly he submitted that the applicant has no previous criminal history and he is languishing in jail since 16.3.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned AGA has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

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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 applicant Narendra Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to 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

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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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In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.

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Order Date :- 24.7.2019 Mini

Narendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Narendra Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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