Allowed

Vinod Kumar and 2 Others v. State of U.P.

Allahabad HC17 Apr 2019BAIL/45196/2018

Case brief

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What is this about?

Criminal Miscellaneous Bail Application where the applicant sought release on bail in a case involving cheating, forgery, and intoxicating liquor offenses. The High Court allowed bail upon furnishing a personal bond and sureties, imposing standard conditions including no tampering with evidence.

What did the court decide?

Release of applicants on bail upon furnishing personal bond and two sureties each.

Vinod Kumar and 2 Others Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45196 of 2018

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Applicant :- Vinod Kumar And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Applicant- Vinod Kumar, Ajay Kumar and Pawan Kumar seek bail in Case Crime No. 625 under Sections 419,420,467,468,471,272, 273, 307 IPC and section 60/63 Excise Act , Police Station Rohaniya, District Varanasi.

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Heard learned counsel for the applicants and learned AGA for the State.

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It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the case; in fact nothing has been recovered from the possession of the applicants and alleged recovery is false and fabricated; the report of Vidhi Vigyan Prayogshala, Ramnagar Varansi dated 15.10.2018 shows that intensity of the alcohol is found 26.5% V/V and no adulteration has been found and therefore, offence under sections 272 and 273 IPC is not made out. Lastly, it has been submitted that applicants are in jail since 2.10.2018 and they have no other criminal history to their credit.

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Bail has been opposed by learned AGA on behalf of the State.

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The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

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Without expressing any opinion on the merits of the case, let the above mentioned applicants involved in aforesaid crime 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, shall cooperate in the investigation or trial and will 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 applicants and sureties be verified by the court

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concerned before the bonds are accepted.

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Order Date :- 17.4.2019 Shahid

Vinod Kumar and 2 Others v. State of U.P.

Case brief

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Vinod Kumar and 2 Others v. State of U.P.

Case brief

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