Allowed

Bhola v. State of U.P.

Allahabad HC14 Mar 2022BAIL/52186/2021

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant for offences involving cheating and excise violations. The court released the applicant on surrender of a personal bond and two sureties, subject to standard conditions preventing tampering with witnesses and engaging in illegal activities.

What did the court decide?

Release of applicant on bail on personal bond and two sureties subject to court order conditions.

Bhola Vs State of U.P. — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52186 of 2021

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Applicant :- Bhola Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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The accused- applicant Bhola is involved in Case Crime No. 353 of 2021, under Sections 420, 468 I.P.C. and 60/63 of Excise Act, Police Station Ahmad Garh, District- Bulandshahar.

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It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. No evidence has been produced against him. The offence is triable by magistrate. The applicant is languishing in jail since 17.10.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail application and argued that the applicant has criminal history of six cases but it is admitted that in all the six cases he is on bail. It is also argued that 64 quarters unbranded liquor have been recovered from the house of the accused. 50 empty bottles, wrappers and capsules to increase the density of the liquor are also found from the house of the applicant.

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From the perusal of the F.I.R., it is clear that the allegation against the present accused is to make branded liquor from the unbranded one and to increase density of the liquor, the capsules are said to be used by the accused. The offence is triable by magistrate. The applicant is in custody since 17.10.2021.

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Having heard the submissions of learned counsel of both sides, considering the seriousness of the charge 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

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any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant, Bhola , who is involved in aforesaid crime be released on bail on his 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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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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In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 14.3.2022 Radhika

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Digitally signed by RADHIKA VISHWAKARMA Date: 2022.03.15 10:22:33 IST Reason: Location: High Court of Judicature at Allahabad

Bhola v. State of U.P.

Case brief

What is this about?

What did the court decide?

Bhola v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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