The High Court allowed bail to two applicants in a criminal case under Sections 60(2) Excise Act and 272 I.P.C., releasing them on personal bond with conditions to prevent evidence tampering and ensure cooperation in trial.
release of applicants on bail conditioned by personal bond with two sureties and specific undertakings.
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. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27681 of 2020
Applicant :- Verendra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai,Arun Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicants, Verendra & Amit Kumar with a prayer to release them on bail in Case Crime No. 0188 of 2020, under Section 60(2) Excise Act & 272 I.P.C., Police Station-Mirzapur, District-Shahjahanpur, during pendency of trial.
The submission advanced by learned counsel for the applicants is that the applicants are innocent and have been falsely implicated in the present case. Submission is that the applicants are not gangster and has never acted or conducted himself as such. It is submitted that the entire allegation is false and fabricated one. Learned counsel for the applicants has also tried to justify the alleged previous offences which are said to have been committed by the applicants. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make themselves available before the Court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicants are languishing in jail since 02.07.2020 having no criminal history.
Learned AGA for the State has vehemently opposed the prayer for bail.
Having considered the material on record, 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, let the applicants, involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 11.11.2020 CS
1 issue framed by the court
Whether the applicants accused under Sections 60(2) Excise Act and 272 I.P.C. should be released on bail during pendency of trial.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018) 3 SCC 22 · Who else cites this
Verendra
Amit Kumar
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
