Sanjay v. State of U.P.
Case brief
What is this about?
Court allowed bail application filed by Sanjay accused under Section 63 of Excise Act, finding merit in submission of innocence and lack of flight risk, releasing him on personal bond and sureties subject to conditions.
What did the court decide?
Released on bail on furnishing personal bond and two reliable sureties subject to conditions.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27916 of 2019
Applicant :- Sanjay Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Vivek Singh, learned counsel for the applicant, Sri S.S. Tripathi, learned A.G.A. for State and perused the material available on record.
This bail application has been filed by the accused-applicant Sanjay, who is involved in Case Crime No.425 of 2019, under Section 63 of Excise Act, Police Station Baraut, District Baghpat.
Learned counsel for the applicant submits that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that 72 peti liquor of Haryana is said to have been recovered from the possession of the applicant is totally false and fabricated. Applicant is in jail since 11.1.2019. It is further submitted that there is no possibility of the applicant 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. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Issues for consideration
2 issues framed by the court
Whether the accused applicant is entitled to be released on bail under Section 63 of the Excise Act.
Whether the applicant is likely to tamper with evidence or witnesses while on bail.
Parties & counsel
- applicant
Sanjay
Coram
Rajendra Kumar-IV
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/27916/2019
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