Allowed

Brijesh Barar and 2 Others v. State of U.P.

Allahabad HC12 Feb 2019BAIL/6086/2019

Case brief

AI extract

What is this about?

This judgment grants bail to three applicants in a mining-related criminal case. The court allowed the application despite not delving into the merits, citing the nature of the accusation and the applicants' lack of prior criminal record as sufficient grounds for release on personal bond with sureties.

What did the court decide?

Applicants released on bail on personal bond and furnishing two sureties each.

Brijesh Barar and 2 Others Vs State of U.P. — Mining and Natural Resources | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6086 of 2019

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Applicant :- Brijesh Barar And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Pt. S.P. Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Case was called out repeatedly but none responded for the applicants on account of fact that today call for strike has been made by the Bar. However, the State is represented through the A.G.A.

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Sri Om Narain Tripathi, learned A.G.A. along with the other brief holders for the State are present in Court. They are ready to assist the Court so that the matter may be heard and disposed of on merit.

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Hence, this bail application is being considered and decided on merit on the basis of material brought on record.

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Grounds urged in support of this bail application are that the applicants are innocent and have been falsely implicated in this case. No offence has been committed by the applicants. There is no independent public witness to the fact of alleged recovery. They are duly licensed to carry out mining work and to convey the minerals. Offence alleged is triable by the Magistrate Ist Class. In case, the applicants are admitted to bail, there is no possibility of their absconding or misusing the liberty of bail. The applicants have no criminal history and are languishing in jail since 10.1.2019.

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Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail.

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Accordingly, bail application is allowed .

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Let the applicants - Brijesh Barar, Satish Ahiarwar and Sani Suryavanshi involved in Case Crime No. 10 of 2019, under Sections - 379, 411 I.P.C., Police Station - Baruasagar, District - Jhansi be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 12.2.2019 S Rawat

Brijesh Barar and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Brijesh Barar and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

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