Allowed

Banarasi v. State of U.P.

Allahabad HC15 May 2019BAIL/20248/2019

Case brief

AI extract

What is this about?

The Single Bench granted bail to the applicant in a case involving offences under Section 272 IPC and the Excise Act, directing him to furnish a personal bond and two sureties. Bail was allowed subject to conditions prohibiting tampering with witnesses and further criminal activity.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties in the like amount, subject to conditions not to tamper with evidence and not to commit new crimes.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20248 of 2019

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Applicant :- Banarasi Opposite Party :- State Of U.P. Counsel for Applicant :- Bhaiya Ram Maurya,Amit Kumar Gaur

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Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Bhaiya Ram Maurya, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Banarasi with a prayer to release him on bail in Case Crime No. 131 of 2019, under Section 272 I.P.C. and U/s 60(2), 72 Excise Act, Police Station- Kuraoli, DistrictMainpuri , during pendency of trial.

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It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per the version of the F.I.R., 80 ltr. illicit liquor, 500 gm. urea and other things have been recovered from the possession of other co-accused persons. It is next submitted that the recovery was planted one and there is no independent/public witness of the alleged recovery. Though the applicant was arrested from the spot but has nothing to do with the alleged recovery. It is next submitted that there is nothing on record to show that the alleged recovered illicit liquor was either noxious or dangerous to public health or life. It is next submitted that the co-accusedLaljit with whom the country-made pistol has been recovered, has already been granted bail by the court below. The applicant is languishing in jail since 01.04.2019. The applicant does not have any previous criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties and the

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dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 15.5.2019 JK Yadav

Banarasi v. State of U.P.

Case brief

What is this about?

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Banarasi v. State of U.P.

Case brief

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