Allowed

Begraj v. State of U.P.

Allahabad HC21 Nov 2022BAIL/34300/2022

Case brief

AI extract

What is this about?

This court allowed bail to the applicant in a criminal case involving offences under the IPC and the Copy Right Act. The order was granted considering the absence of a forensic report and the applicant's lack of prior criminal history. The applicant is to furnish a personal bond and two sureties.

What did the court decide?

Release of applicant on bail pending conclusion of trial upon furnishing a personal bond and two reliable sureties with standard conditions of bail.

Begraj Vs State of U.P. — Property and Title | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34300 of 2022

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Applicant :- Begraj Opposite Party :- State of U.P. Counsel for Applicant :- Surya Bhan Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ankit Srivastava, learned counsel holding brief of Sri Surya Bhan Yadav, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 283 of 2022, under Sections 420, 467, 468, 471, 272, 273 IPC and Section 63 of Copy Right Act, Police Station Anwala, District Bareilly.

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The aforesaid case has been registered on the basis of an FIR lodged against three named accused persons, including the applicant stating that on the basis of an information received from a Mukhbir, the applicant was arrested from the house and other co-accused persons ran away.

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The FIR states that some rappers of gagan pan masala, gagan zarda, some material and equipment etc.used for making and packing of pan masala were recovered from the house.

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It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 20.6.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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Counter affidavit has been filed by the State, in which it has been stated that samples were taken during the recovery and were sent for chemical analyses but till date the Forensic Science Laboratory has not submitted any report and has not sent any intimation in this regard.

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7. Per contra , the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Having considered the aforesaid facts and submissions and keeping in view the fact that the applicant has no criminal history; that he is languishing in jail since 20.6.2022 and till date the analyses report has not been submitted by the Forensic Laboratory, I am of the view that the applicant is also entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.

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Let the applicant Begraj be released on bail in Case Crime No. 283 of 2022, under Sections 420, 467, 468, 471, 272, 273 IPC and Section 63 of Copy Right Act, Police Station Anwala, District Bareilly on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 21.11.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.11.22 11:41:57 IST Reason: Location: High Court of Judicature at Allahabad

Begraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

Begraj v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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