Allowed

Beerbal Pasi v. State of U.P.

Allahabad HC19 Jun 2020BAIL/15078/2020

Case brief

AI extract

What is this about?

Hon'ble Siddharth, J. granted bail to Beerbal Pasi under Section 272 of the I.P.C. and Section 60(2) of the Excise Act, noting the bailable nature of the offence and relevance of Article 21 and Dataram Singh case, subject to standard conditions.

What did the court decide?

Release of applicant on personal bond and two sureties each subject to standard conditions including non-tampering with evidence and no new criminal activity.

Beerbal Pasi Vs State of U.P. — Property and Title | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15078 of 2020

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Applicant :- Beerbal Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The Food Safety and Standards Act, 2006 has been enacted by the legislature and hence the implication of the applicant under section 272, I.P.C. is unjustified. Offence under section 60 (2) of Excise Act is bailable and trible by Magistrate. False recovery has been made against the applicant. The applicant is in jail since 12.12.2019.

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Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Beerbal Pasi, who is involved in Case Crime No.100 of 2019, under Section 272 I.P.C, and section 60 (2) of Excise Act Police StationKarchhana, District- Prayagraj, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

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The applicant shall not indulge in any criminal activity

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or commission of any crime after being released on bail.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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

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Order Date :- 19.6.2020 Ruchi Agrahari

Beerbal Pasi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Beerbal Pasi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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