Allowed

Harvindra v. State of U.P.

Allahabad HC18 Oct 2019BAIL/36076/2019

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Harvindra under Sections 420 IPC and 63/72 U.P. Excise Act regarding recovery of illegal liquor, granting bail on personal bond with two sureties subject to standard conditions.

What did the court decide?

Application allowed; applicant released on bail on personal bond and two sureties with conditions against tampering and appearance in trial court.

Harvindra 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. - 36076 of 2019

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Applicant :- Harvindra Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh 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 Harvindra in connection with Case Crime No.326 of 2019, under Section 420 I.P.C. and 63/72 U.P. Excise Act, P.S. Milak, District Rampur.

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It was alleged in the first information report that on 25.07.2019 a truck was intercepted by the police in which 373 peti of illegal liquor was found loaded and the applicant who was driving the truck was arrested by the police and the two other co-accused managed to flee away.

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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 alleged recovery shown from the applicant is totally fake and false. He submitted that there is no public witness of the alleged recovery. He submitted that the applicant is driver of the truck. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 25.07.2019 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 Harvindra 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

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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 :- 18.10.2019

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R./

Harvindra v. State of U.P.

Case brief

What is this about?

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Harvindra v. State of U.P.

Case brief

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