The Court allowed the criminal miscellaneous bail application filed by Yogendra Kushwaha. The applicant was released on bail and required to submit a personal bond along with two sureties by furnishing the necessary conditions.
Release of the applicant on bail by furnishing a personal bond and two sureties subject to specific conditions.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50490 of 2019
Applicant :- Yogendra Kushwaha Opposite Party :- State of U.P. Counsel for Applicant :- Shreesh Srivastava,Shri Dharampal Singh ,Senior Adv.,Sujan Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He is not name in the first information report. The name of the applicant surfaced during investigation. It has been further submitted that the applicant neither is a dealer / supplier of wine nor holds any license. It has been further submitted that 7 other cases have been planted against the applicant. There is no cogent evidence against the applicant to connect with the alleged offence. In 6 other cases, the applicant has been enlarged on bail. The applicant has not committed the alleged offence. The applicant is in jail since 28.3.2019.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Yogendra Kushwaha involved in Case Crime No. 223 of 2019, under Section 304 /272 IPC and section 60 (A) of Excise Act, Police Station Ghatampur District Kanpur Nagar 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;
court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 5.12.2019 Gss
1 issue framed by the court
Whether the application for bail in connection with offences under Section 304/272 IPC and Section 60(A) of the Excise Act deserves to be allowed.
3 provisions across 2 enactments
Yogendra Kushwaha
State of U.P.
Bachchoo Lal
As recorded by the court registry
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