In Criminal Misc. Bail Application No. 53391 of 2019, the Court at Court No. 68 granted bail to Upendra Singh @ Rinku, who was alleged under Sections 272, 304 IPC and Section 60(A) of the Excise Act.
Released on bail on personal bond and two sureties subject to conditions against tampering and intimidating witnesses.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53391 of 2019
Applicant :- Upendra Singh @ Rinku Opposite Party :- State of U.P. Counsel for Applicant :- Akshaivar Singh,Abhishek Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Learned counsel for the applicant is permitted to make necessary correction in the prayer clause of the bail application.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR, his name came into light during investigation. There is no cogent evidence on record to connect the applicant with the alleged offence. The applicant is a license holder of liquor shop and he was running liquor shops at different places. Neither any alleged liquor has been recovered from the shop of the applicant nor in his possession. The applicant has falsely been implicated in the present case due to being a license holder of liquor shop. The applicant has also falsely been implicated in six other cases. In fact, the applicant has not committed the alleged offence. There is no criminal history of the applicant and is in jail since 2.4.2019.
Per contra, learned A.G.A opposed the prayer for bail.
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.
Let the applicant Upendra Singh @ Rinku involved in Case Crime No. 223 of 2019, under Sections 272, 304 IPC and section 60 (A) Excise Act, P.S. 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:-
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 :- 3.12.2019 Gss
2 issues framed by the court
Whether the applicant is fit for bail considering he was not named in the FIR and lacks criminal history.
Whether the applicant faced false implication due to being a liquor shop license holder.
Upendra Singh @ Rinku
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
