Allowed

Ashok Kumar v. State of U.P.

Allahabad HC23 Jul 2019BAIL/28041/2019

Case brief

AI extract

What is this about?

In a bail application, the court released the applicant on furnishing a personal bond and two sureties, subject to specific conditions including not tampering with evidence or committing further crimes, without expressing an opinion on the merits of the case.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions regarding tampering, trial cooperation, and no further criminal activity.

Ashok Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28041 of 2019

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Applicant :- Ashok Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.

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Hon'ble Krishna Pratap Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard Sri Syed Shahnawaz Shah, learned counsel for the applicant as well as Sri B.B. Upadhyay, 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 applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned counsel for the applicant further submits that alleged recovery of illegal liquor is false, fabricated and concocted. In fact no such recovery is effected from the possession of the application. It is next submitted that there is no independent witness of the alleged recovery. The criminal history of the applicant has properly been explained in para No.2 of the supplementary affidavit. The applicant is languishing in jail since 02.06.2019. 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, the applicant does not deserve any indulgence. In case the applicant is released on bail he 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 applicant Ashok Kumar s/o Meer Singh, involved in case crime No. 112 of 2019, under Section 63 of the U.P. Excise Act, PS-Binauli, districtBaghpat, 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. 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 :- 23.7.2019

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Pr/-

Ashok Kumar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ashok 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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