Allowed

Shailu Gurjar @ Shailendra v. State of U.P.

Allahabad HC3 Aug 2022BAIL/3464/2022

Case brief

AI extract

What is this about?

This single bench allowed multiple criminal miscellaneous bail applications filed against applicants accused of selling illegal liquor leading to death. The Court granted bail noting that other co-accused had already been released on similar merits.

What did the court decide?

Released on bail subject to personal bond, two sureties each, and conditions against tampering with evidence, pressurizing witnesses, and committing further offences.

Shailu Gurjar @ Shailendra Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3464 of 2022

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Applicant :- Shailu Gurjar @ Shailendra Opposite Party :- State of U.P. Counsel for Applicant :- Manish Yadav,Balbeer Singh Counsel for Opposite Party :- G.A.

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With

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47396 of 2021

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Applicant :- Indra Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Dwivedi,Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.

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With

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49698 of 2021

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Applicant :- Ram Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjit Srivastava,Usha Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.

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With

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51020 of 2021

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Applicant :- Smt. Manorama Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Singh Bishen,Deepak Kumar Pandey,Vijay Kumar Mishra Counsel for Opposite Party :- G.A.

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With

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51572 of 2021

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Applicant :- Hemant Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Singh Bishen,Deepak

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Kumar Pandey Counsel for Opposite Party :- G.A.

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With

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51195 of 2021

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Applicant :- Harendra Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Savita Dubey,R S Dubey Counsel for Opposite Party :- G.A.

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With

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54489 of 2021

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Applicant :- Hariom And Another Opposite Party :- State Of U.P. Through Secretary Home Counsel for Applicant :- Mukesh Chandra Gupta,Neeraj Singh Yadav,Rajan Srivastava,Sanjay Singh,Shubham Prakash Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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It is submitted by the learned counsel for the applicants that in this case the applicants have been falsely implicated. Allegedly, on 22.8.2021, the father of informant drank wine by purchasing it from the shop located at Kolara Kala Nagla Bhola, as a result his condition became worst and when he was taken to the hospital in the way he died. The wine was brought from Indra Devi, Ramji Lal, Hemant, Ram Prakash, Jitend and Ramveer who conducted the business of selling intoxicated liquor. Further submitted that during investigation, the name of Manoj alias Shailu Gurjar alias Shailendra, Harendra Kumar, Hari Om, Bantu alias Bhartendu and Manoram were brought into light on the basis of statement made by co-accused persons. In relation to recovery from the accused person, separate case Crime No.204 of 2021 was registered in which the accused persons have already been granted bail. Further submitted that coaccused Ramveer Singh and Jitendra have already been granted bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No.53767 of 2021 dated 21.2.2022 and Crl. Misc. Bail Application No. 49568 of 2021 dated 15.7.2022.

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Likewise, the other co-accused persons Virendra Singh alias Veeru in Crl. Misc. Bail Application No.54883 of 2021 dated 16.3.2022, Manoj Kumar Singh in Crl. Misc. Bail Application No.52274 of 2021 dated 29.3.2022 and Dara Singh in Crl. Misc. Bail Application No.990 of 2022 dated 1.7.2022 have already been granted bail by co-ordinate Bench of this Court. The case of these applicants stand on similar footing to that of co-accused. The applicants are in jail since 10.11.2021 as having no any criminal antecedent. The case shown against them were registered at the time of their arrest in the present case. In case they are released on bail, they will not misuse the liberty of bail. Therefore, requested for bail.

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On the other hand, learned AGA opposed the prayer for bail.

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Considering the facts and circumstances of the case, nature of allegation and evidence on record and the fact that co-accused persons have already been granted bail by co-ordinate Bench of this Court and the case of these applicants stand on similar footing and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed .

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Let the applicants- Shailu Gurjar @ Shailendra, Indra Devi, Rami Lal, Ram Prakash,Smt. Manorama,Hemant Tomar, Harendra Kumar and Harendra Kumar and Hariom and Bantu alias Bhartendu, involved in Case Crime No.207 of 2021, under Sections 272, 273, 304, 420, 467, 468, 471, 34,120-B I.P.C and Section 60A, 60(1), 60(2) Excise Act, P.S. Dauki, District Agra be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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1.The applicants will not tamper with the evidence during the trial.

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The applicants will not pressurize/ intimidate the prosecution witness.

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The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

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The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the

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facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

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Order Date :- 3.8.2022 G.S

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Digitally signed by GHAN SHYAM Date: 2022.08.06 12:42:37 IST Reason: Location: High Court of Judicature at Allahabad

Shailu Gurjar @ Shailendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shailu Gurjar @ Shailendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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