Allowed

Dushasan v. State of U.P.

Allahabad HC8 Aug 2019BAIL/32079/2019

Case brief

AI extract

What is this about?

In a bail application under Sections 419, 420 IPC and Section 60 Excise Act, the court allowed the plea, finding it a fit case for bail without expressing an opinion on merits, and granted release upon executing a personal bond and furnishing two sureties under specified conditions.

What did the court decide?

Release on bail on executing a personal bond and furnishing two sureties each in the like amount.

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

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32079 of 2019

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Applicant :- Dushasan Opposite Party :- State Of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Dushasan in connection with Case Crime No.130 of 2019, under Sections 419, 420 I.P.C. and under Section 60 Excise Act, P.S. Hasayan, District Hathras.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is the salesman of the liquor shop and if anything illegal has been done then it has been done by the owner of the liquor shop. He further submitted that the alleged recovery of liquor which was for the sale in Aligarh shop, is totally false as there is no public witness of the said recovery. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 29.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Dushasan involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 8.8.2019R./

Dushasan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Dushasan v. State of U.P.

Case brief

What is this about?

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