Allowed

Kuber Dutt Sharma v. State of U.P.

Allahabad HC29 Sept 2021BAIL/31827/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Kuber Dutt Sharma, in a criminal case involving cheating and liquor offenses. The court relied on the reformative theory of punishment and specific Apex Court dicta without expressing an opinion on the merits of the charges.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to specific conditions.

Kuber Dutt Sharma Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31827 of 2021

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Applicant :- Kuber Dutt Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Dwivedi,Rajesh Kumar Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Sunil Kumar Dwivedi, learned counsel for the applicant and learned AGA -I, appearing for the State and perused the material brought on record.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further submitted that the alleged recovery was not supported by any independent witness. It is next submitted that applicant is neither a seller any kind of liquor nor making liquor but he has been falsely implicated in the present case on the basis of illegal demand. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 26.06.2021.

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Learned A.G.A. has vehemently opposed the prayer.

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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 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.

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Let applicant Kuber Dutt Sharma, be released on bail in Case Crime No. 1086 of 2021, under Sections 420/272 IPC, and section 60/63 Excise Act, Police Station Kotwali Nagar, District

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Bulandshahar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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

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He will not tamper with the witnesses.

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He 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 applicant 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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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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Order Date :- 29.9.2021 Vikram

Kuber Dutt Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kuber Dutt Sharma v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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