The Single Judge allowed the bail application of Praveen @ Praveen accused in a liquor smuggling case, finding that a case for bail is made out despite the severity of punishment, without commenting on merits.
Release of the applicant on bail with a personal bond and two reliable sureties subject to specified conditions.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 523 of 2022
Applicant :- Praveen @ Praveen Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Praveen @ Praveen, in Case Crime No. 415 of 2021, under Section 60 Excise Act, and Section 272 and 273 I.P.C. Police StationJhinjhana, District-Shamli.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 28.09.2021; a planted recovery of 20 litres of liquor with 500 grams of Urea was said by the prosecution; whereas, no such recovery was there, nor there was any independent public witness; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail; hence bail has been prayed for.
Learned AGA has vehemently opposed bail.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Praveen @ Praveen , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 27.1.2022 Deepak/
2 issues framed by the court
Whether bail should be granted to the applicant accused under Section 60 of the Excise Act and Sections 272 and 273 of IPC.
Whether the grounds of the applicant regarding false implication and lack of public witnesses merit bail relief.
3 provisions across 2 enactments
Praveen @ Praveen
State of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
