Pramod Kumar v. State of U.P.
Case brief
What is this about?
Court granted bail to an excise and IPC accused who had been settled by the Licensing Authority. Bail was conditioned upon furnishing a personal bond and two sureties.
What did the court decide?
Released on bail furnishing a personal bond and two sureties each of the like amount.
What the court decided
Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57350 of 2019
Applicant :- Pramod Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Bipin Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Pramod Kumar with a prayer to enlarge him on bail in Case Crime No. 201 of 2019, under Sections 60(1)(Ka), 60(2) of the Excise Act and Sections 420, 468, 471 I.P.C., Police Station Brijmanganj, District Maharajganj.
The first information version is that the accused-applicant is a salesman of the license holder namely Manju Jaiswal holding in foreign liquor and the excise team on inquiry of stock register found that the register was not properly filled and there was irregularity. It was also found that on the products found in the shop, QR code was not pasted and, therefore, the accusedapplicant was arrested and offence was registered against him.
Learned counsel for the applicant has submitted that in respect of the same incident, the collector/Licensing Authority, Maharajganj has passed an order on 22.11.2019, by which the matter has been settled and for the irregularities, the proprietor was imposed a fine of Rs. 1,94,000/- and she was further warned not to repeat the irregularities in future. The copy of the order has been annexed as Annexure No. 2 to the bail application. Learned counsel for the applicant has submitted that after deposition of the said fine and in view of the order, the
Issues for consideration
1 issue framed by the court
Whether the applicant, a salesman of a license holder found guilty of excise and IPC irregularities but settled by the Licensing Authority, should be granted bail.
Parties & counsel
- applicant
Pramod Kumar
Coram
Pradeep Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/57350/2019
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