Allowed

Avnish v. State of U.P.

Allahabad HC8 Jun 2021BAIL/22099/2021

Case brief

AI extract

What is this about?

This High Court bail application ordered the release of the applicant on bail in a case involving liquor brewing. The court imposed strict conditions regarding attendance and witness non-interference without deciding the merits of the criminal charges.

What did the court decide?

Releasement of the applicant on bail by furnishing a personal bond and two local sureties of like amount subject to specific conditions.

Avnish Vs State of U.P. — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22099 of 2021

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Applicant :- Avnish Opposite Party :- State of U.P. Counsel for Applicant :- Ajatshatru Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.0147 of 2021, under Section 60(2) of the U.P. Excise Act and Sections 420, 467, 468, 272 I.P.C., P.S. Kotwali Jalaun, District Jalaun.

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Learned counsel for the applicant submits that according to F.I.R. version raid was conducted on 17.04.2021 at 22:00 hours where applicant and other were brewing liquors and F.I.R. was lodged on 18.04.2021. He further submits that false recovery of 270 quarters of liquors in six cartoons, 5 kg urea and other material of brewing liquor have been shown by the police. It is also submitted that due to political rivalry of pradhan election, he has been falsely implicated in the present case. There is no allegation that the alleged liquor was sold or consumed to anyone. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and is languishing in jail since 18.04.2021.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that from the possession of the applicant and other co-accused material of brewing liquor have been recovered, therefore, he is not entitled for bail.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of offence, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Avnish involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he/she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his/her counsel. In case of his/her absence, without sufficient cause, the trial court may proceed against him/her under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his/her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law.

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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. 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 :- 8.6.2021 Jitendra

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Digitally signed by Justice Ali Zamin Date: 2021.06.08 17:12:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Avnish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Avnish v. State of U.P.

Case brief

What is this about?

What did the court decide?

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