Single Judge Criminal M.C. Bail Application where the applicant sought bail in a case under IPC 272 and Excise Act 60/63. The court granted bail on personal bond and sureties with standard conditions.
Released on bail by furnishing personal bond and two equal sureties.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22461 of 2019
Applicant :- Phool Chandra Opposite Party :- State Of U.P. Counsel for Applicant :- Babu Lal Ram Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard Sri Babu Lal Ram learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accusedapplicant- Phool Chandra , who is involved in case crime no. 77 of 2019 under Section 272 I.P.C. and under Section 60/63 Excise Act, Police Station- Bithoor, District- Kanpur Nagar.
Submission of learned counsel for the applicant is that applicant has falsely been implicated in the present case as nothing incriminating material has been recovered from his possession; that allegedly, some illicit liquor is shown to have been recovered. Applicant is languishing in jail since 15.3.2019. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by learned counsel for the applicant.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
Order Date :- 28.5.2019//Fhd.
1 issue framed by the court
Whether the accused applicant is entitled to bail in the present case.
Phool Chandra
State Of U.P.
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
