Allowed

Vakeel and Another v. State of U.P and Another

Allahabad HC2 Jul 2019BAIL/25620/2019

Case brief

AI extract

What is this about?

In this criminal miscellaneous bail application, the court granted bail to applicants Vakeel and Sahil involved in a theft case under the Electricity Act. The court imposed conditions including a monetary deposit via the Electricity Board.

What did the court decide?

Applicants released on bail with personal bond, two sureties each, and a condition to deposit Rs. 40,000 with EE Pashchimanchal Vidyut Vitaran Nigam Ltd.

Vakeel and Another Vs State of U.P and… — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25620 of 2019

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Applicant :- Vakeel And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Vivek Saran Counsel for Opposite Party :- G.A.

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Hon'ble Krishna Pratap Singh,J.

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Heard Sri Vivek Saran, learned counsel for the applicants as well as Ms Seema Shukla, learned AGA for the State and perused the material placed on record.

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It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case with some ulterior motive. It is further submitted that the FIR has been lodged against unknown person. It is also submitted by the learned counsel for the applicants that neither the applicants were apprehended on the spot nor any incriminating articles were recovered from the possession of the applicants. It is next submitted by the learned counsel for the applicants that a false, fabricated and concocted recovery of electric wire, transformer and other articles have been made against the applicants. The applicants have falsely been dragged in the present case by the police. It is further submitted that they are not previous convict. It is lastly contended that there are no chances of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. The applicants are languishing in jail since 01.03.2019. 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. has opposed the bail prayer of the applicants by contending that the innocence of the applicants

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cannot be adjudged at pre trial stage therefore, the applicants do not deserve any indulgence. In case, the applicants are released on bail, they will misuse the liberty of bail.

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Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicants Vakeel and Sahil involved in case crime No. 124 of 2019 under sections 136 and 137 of Electricity Act, PS-T.P. Nagar, DistrictMeerut be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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The applicants will deposit Rs. 40,000/- in the Office of EE Pashchimanchal Vidyut Vitaran Nigam Ltd., Viktoria Park, Meerut within a period of 15 days from the date of their release. The amount so deposited will be refunded, if the applicants are absolved of the charges.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 2.7.2019

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Pr/-

Vakeel and Another v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Vakeel and Another v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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