Allowed

Prabhat v. State of U.P.

Allahabad HC16 Dec 2020BAIL/20398/2020

Case brief

AI extract

What is this about?

In a bail application under Sections 60, 63 of the U.P. Excise Act and Sections 272, 273 IPC, the Court allowed bail citing concerns regarding the spread of coronavirus and referring Di. SCC 22, without expressing an opinion on the merits.

What did the court decide?

Release on bail on personal bond and two sureties subject to conditions against tampering with witnesses and future criminal activity.

Prabhat Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20398 of 2020

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Applicant :- Prabhat Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Rejoinder affidavit filed today is taken on record.

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Heard Sri Vijay Pratap Singh, learned counsel for the applicant, learned A.G.A for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 123 of 2020, under Sections- 60,63 of U.P. Excise Act, and Sections- 272, 273 IPC, Police Station- Jhinjhana, DistrictShamli, during pendency of trial.

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It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in the present case. It is further contended by learned counsel for the applicant that as per the FIR, some spurious liquor along with chemical and urea has illegally been transported from Karnal to Gangoh. The applicant was arrested at the spot and recovery of 45k.g. urea, four can chemical and 05 boxes spurious liquor has been shown from his possession. It is further contended by learned counsel for the applicant that neither the samples of the alleged recovery was sent for laboratory test nor the report has been submitted by analyst in this regard. It is further contended that recovery shown against the applicant is planted for which there is no independent witness. It is further contended that the aforesaid sections are triable by Magistrate. The applicant is in jail since 14.3.2020 having criminal history of one case which has been explained in para-11 to the affidavit filed in support of the bail application, in which he was granted bail by the court below vide order dated 14.11.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails,

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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, Prabhat who is involved in the aforesaid case crime number 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 or commission of any crime after being released on bail.

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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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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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Order Date :- 16.12.2020 Akbar

Prabhat v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prabhat v. State of U.P.

Case brief

What is this about?

What did the court decide?

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