Allowed

Anuj v. State of U.P.

Allahabad HC13 Nov 2019BAIL/48981/2019

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Anuj seeking release on bail in a case involving possession of illicit liquor and urea. The court granted bail on a personal bond and sureties subject to conditions prohibiting tampering with evidence, commission of further crimes, and suspension of criminal activity.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each of the like amount.

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

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48981 of 2019

¶3

Applicant :- Anuj Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Mrs. Manju Rani Chauhan,J.

¶5

Heard Sri Pankaj Kumar Tyagi, learned counsel for the applicant, Sri Prashant Kumar, learned A.G.A. for the State and perused the material on record.

¶6

The instant bail application has been filed on behalf of the applicant, Anuj with a prayer to release him on bail in Case Crime No. 394 of 2019, under Section 60/63/72 Excise Act and Section 272, 273 I.P.C., Police Station- Shahpur, District- Muzaffar Nagar , during pendency of trial.

¶7

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. As per the version of the F.I.R., 22 boxes of illicit liquor and 2kg urea have been recovered from the possession of the applicant. It is next submitted that false recovery has been planted against applicant to implicate him in the offence, the said recovery has not been witnessed by any independent witness. Though the applicant was arrested from the spot but has nothing to do with the alleged recovery. The applicant is languishing in jail since 11.10.2019. The applicant has no criminal history except in the present case. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

¶8

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, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

¶9

Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of

¶10

the like amount to the satisfaction of the court concerned, subject to the following conditions that :-

¶11

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶12

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶13

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶14

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶15

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶16

Order Date :- 13.11.2019 Priya

Anuj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anuj v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sumit Vs State of U.P.

Danish Alias Lala Vs State of U.P.

Mohammad Abbas Vs State of U.P.

Manoj and Another Vs State of U.P.

Raj Kumar Vs State of U.P.

Anas Vs State of U.P.