Allowed
Shilendra v. State of U.P.
Allahabad HCBAIL/21783/2020
Case brief
from the order text
What is this about?
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
What the court decided
AI extract
Case :- CRIMINAL MISC. BAIL APPLICATION No.…
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21783 of 2020
Applicant :- Shilendra Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that allegation against the applicant is that the applicant along with two other persons were manufacturing Deshi Sharab. Showing the arrest of the applicant on spot 5 litres Katchchi sharab has been shown from the possession of the applicant along with instruments and materials. It has further been submitted that false allegation has been made against the applicant. The applicant has been falsely implicated in this case due to village partibandi. False recovery has been planted against the applicant. There is no independent witness of the alleged recovery. The applicant has not been involved in manufacturing of Katchchi sharab.There is no criminal history of the applicant and is in jail since 17.5.2020.
Per contra, learned AGA opposed the prayer for bail and argued that the applicant along with two others was manufacturing Katchchi sharab and adulterating with urea to increase potency of Katchchi sharab.
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 Shilendra involved in Case Crime No.173 of 2020, under Section 60 (2) 62 U.P. Excise Act and Section 272 IPC Police Station Sikandra Rao District Hathras 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 :- 31.8.2020 Gss
Shilendra
State of U.P.
Bachchoo Lal
As recorded by the court registry
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