Allowed

Tara Chandra and Another v. State of U.P.

Allahabad HC8 Dec 2020BAIL/35500/2020

Case brief

AI extract

What is this about?

The Court released applicants Tara Chandra and Vipin Kumar on bail in a liquor-related offense case. The order applies standard bail conditions regarding witness tampering, sincere cooperation in trial, and avoiding further criminal activity, contingent on court functioning restoration.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each upon normal court functioning; short-term bail extended automatically.

Tara Chandra and Another Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2020)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35500 of 2020

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Applicant :- Tara Chandra And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Sanjeev Kumar Pandey, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This instant bail application has been filed for releasing the applicants on bail in Case Crime No. 148 of 2020, under Sections 188, 269, 270, 272, 273 IPC and 60, 60 (2) Excise Act & 3 Pandemic Act, P.S. Mirehchi, District Etah, during pendency of trial.

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It is contended by learned counsel for the applicants that they have falsely been implicated in the present case. It is next contended that it is a case of recovery of 100 litres of illicit liquor, 500 liters Lahan (material used for manufacturing of liquor) from the possession of the applicants. It is next contended that recovery shown from the possession of the applicants is totally false for which there is no independent witness. The offence is triable by Magistrate. It is lastly contended by learned counsel for the applicants that the applicants are in jail since 19.08.2020 having no other previous criminal history to their credit and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicants are entitled for indulgence.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.

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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- Tara Chandra and Vipin Kumar involved in the aforesaid crime 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 that :-

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case the applicants have 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 applicants 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 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 :- 8.12.2020 Noman

Tara Chandra and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Tara Chandra and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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