Allowed

Vadil Hasan v. State of U.P. and Another

Allahabad HC11 Nov 2022BAIL/45034/2022

Case brief

AI extract

What is this about?

A single-judge High Court allowed a bail application against illegal transport of wine under U.P. Excise Act and IPC sections, imposing standard conditions including personal bond, no adjournments, and strict attendance.

What did the court decide?

Release on bail with personal bond and two reliable sureties, subject to undertakings regarding attendance and non-misuse of liberty.

Vadil Hasan Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2022)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45034 of 2022

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Applicant :- Vadil Hasan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajiv Sisodia,Mohammad Belal Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

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The present bail application has been filed by the applicant seeking bail in Case Crime No.570 of 2022, under Sections 60, 63, 72 of the U.P. Excise Act and Sections 420, 467, 468, 471, 34, 120-B of IPC, Police Station- Auraiya, District - Auraiya.

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As per the prosecution story, on information, police has arrested two persons including the applicant transporting the illegal wine and from the container 272 boxes of illegal wine have been recovered.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime due to ulterior motive. It is submitted that the applicant is only the driver and co-accused Sarvar is the cleaner of the alleged container and the co-accused has confessed that the wine was illegally being transported to Lucknow by putting ayurvedic medicines of Patanjali Company. It is further submitted that the applicant has not committed any offence as alleged in the FIR. It is further submitted that the owner of the vehicle is one Shahjad Alam who has instructed the driver (applicant) not to open the container and to transport the article to Lucknow. It is submitted that the applicant has no previous criminal history. It is further submitted that the applicant has no previous criminal history. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 21.07.2022 and the possibility of conclusion of trial in near future is very bleak.

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On the other hand, learned A.G.A. has opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.

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Let the applicant- Vadil Hasan be released on bail in the aforesaid case on his furnishing 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 shall file an undertaking to the effect that he 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, 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 in accordance with law.

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Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

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Order Date :- 11.11.2022 SK Goswami

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Digitally signed by SHIVAKANT GOSWAMI Date: 2022.11.11 17:23:17 IST Reason: Location: High Court of Judicature at Allahabad

Vadil Hasan v. State of U.P. and Another

Case brief

What is this about?

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Vadil Hasan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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