This is a bail application by the applicant held in judicial custody for alleged offenses under the Indian Penal Code and the Excise Act. The High Court bench held that the case is fit for bail and granted release.
The applicant was released on bail on furnishing a personal bond and two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20767 of 2020
Applicant :- Bandhunu Uraon Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Yadav 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 languishing in jail since 15.4.2020. Allegation against the applicant is that the applicant and two others were arrested on 15.4.2020 while they were manufacturing kachchi sharab and recovery of 15 litre liquid from each has been shown. It has been further submitted that false recovery has been planted against the applicant. The applicant was not manufacturing any kachchi sharab. There is no independent witness of alleged incident. All the witnesses are police personnels. The applicant has been falsely implicated in this case due to village rivalry. There is no criminal history of the applicant and is in jail since 15.4.2020.
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 Bandhunu Uraon involved in Case Crime No. 42 of 2020, under Section 272, 273 IPC and 60 of Excise Act, Police Station Karanda District Ghazipur 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 :- 1.9.2020 Gss
1 issue framed by the court
Whether the applicant is entitled to bail pending trial.
2 provisions across 2 enactments
Bandhunu Uraon
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
