Allowed

Monu Kumar Bhart and Another v. State of U.P.

Allahabad HC6 Sept 2021BAIL/19190/2021

Case brief

AI extract

What is this about?

The court allowed a bail application filed under Sections 60/63/72 of the Excise Act and Sections 420, 467, 468, 471 IPC. The applicants were released on personal bond and two sureties each subject to standard conditions, citing lack of prima facie evidence and relevant precedent.

What did the court decide?

Release on bail with personal bond and two sureties each, subject to conditions of attending trial and not tampering with witnesses.

Monu Kumar Bhart and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19190 of 2021

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Applicant :- Monu Kumar Bhart And Another Opposite Party :- State of U.P. Counsel for Applicant :- Bachcha Singh,Devottam Pandey,Sandeep Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Bachcha Singh, learned counsel for the applicants, learned A.G.A for the State and perused the record..

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The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 66 of 2021, under Section 60/63/72 Excise Act and Section 420, 467, 468, 471 IPC, registered at Police Station Kotwali, District Ballia during pendency of trial.

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Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. It is further submitted by learned counsel for the applicants that applicants and another co-accused are said to be involved in supply of alleged liquor for the State of Bihar, but there is no prima facie evidence against the said allegation except the confessional statement of co-accused before the police. There is no independent witness of the alleged recovery. It is further submitted by learned counsel for the applicants that co-accusedSunil Kumar Chaudhary, having identical role to the applicants had already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 11.8.2021 passed in Criminal Misc. Bail Application No. 27127 of 2021, hence the applicant is entitled for bail on the ground of parity. The applicants have no criminal history as stated in paragraph no. 18 to the affidavit filed in support of the bail application and they are in jail since 5.3.2021, undertake that they will not misuse the liberty, if granted

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Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the aforesaid fact.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of

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the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.

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Let the applicants, Monu Kumar Bhart and Dhanji Rajbhar they are involved in 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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They will not tamper with the witnesses.

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They will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicants to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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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 computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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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Order Date :- 6.9.2021 Akbar

Monu Kumar Bhart and Another v. State of U.P.

Case brief

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Monu Kumar Bhart and Another v. State of U.P.

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