Allowed

Sani Alias Lucky v. State of U.P.

Allahabad HC17 Apr 2019BAIL/47431/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 47431 of 2018, the learned Single Judge granted bail to the accused applicant, Sani @ Lucky, who was implicated in an offense involving fake holograms and illicit liquor. The court observed the absence of fingerprint reports and prior criminal history as reasons for treating it as a fit case for bail, imposing standard conditions.

What did the court decide?

Released on bail with a personal bond and two sureties, subject to standard conditions regarding tampering and criminal activity.

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

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47431 of 2018

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Applicant :- Sani Alias Lucky Opposite Party :- State Of U.P. Counsel for Applicant :- Anant Ram Dube Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

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This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 209 of 2018 under Sections 420, 467, 468, 471, 272, 353 I.P.C. read with Section 60/72 Excise Act, Police Station- Makkhanpur, DistrictFirozabad.

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Submission of learned counsel for the applicant is that applicant has falsely been implicated in the present case, who is a student; it is further submitted that without obtaining any report of the Forensic Science Laboratory or any other expert opinion Section 272 of the IPC has been slapped upon the accusedapplicant; applicant is languishing in jail since 2.10.2018, who has no previous criminal history to his credit. It is further submitted that there is no possibility of the applicant of 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.

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Learned A.G.A. opposed the prayer for bail and submits that illicit liquor, fake holograms and stickers have been recovered from the possession of the petitioner.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

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Let the applicant Sani @ Lucky involved in the aforesaid crime 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:-

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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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He shall cooperate in the trial bonafidely without seeking adjournments.

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He 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 :- 17.4.2019 Fhd.

Sani Alias Lucky v. State of U.P.

Case brief

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Sani Alias Lucky v. State of U.P.

Case brief

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