Allowed

Aman @ Sadik v. State of U.P.

Allahabad HC27 Apr 2022BAIL/7594/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, in a bail application under Section 439 Cr.P.C., held that the applicant made out a fit case for bail in a criminal case involving offences under the Excise Act and I.P.C., granting bail on the furnishing of a personal bond and two sureties subject to specific conditions.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions regarding witness intimidation and evidence tampering.

Aman @ Sadik Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7594 of 2022

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Applicant :- Aman @ Sadik Opposite Party :- State of U.P. Counsel for Applicant :- Anjali Singh Tomer,Gaurav Singh Tomar,Inder Pal Singh Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash Tripathi,J.

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

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This bail application has been filed under Section 439 Cr.P.C, seeking bail in Case Crime No.691 of 2021, under Sections 60/72 of Excise Act and under Section 272/273 I.P.C., Police Station Kairana, District- Shamli during the pendency of trial.

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It is submitted by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated by the police in the present case. At the time of arrest the applicant was driving motorcycle and 5 Lts. wine has been recovered from Saleem @ Dhaula.There is no report of forensic laboratory that the seized liquor was adulterated. There is no independent witness to support this case. There is no criminal history against the applicant. The applicant is languishing in jail since 29.12.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. opposed the prayer for bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of evidence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a fit case for bail. The bail application is allowed.

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Let the applicant - Aman @ Sadik involved in case Crime No.691 of 2021, under Sections 60/72 of Excise Act and under Section 272/273 I.P.C., Police Station Kairana, District- Shamli 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 not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any 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 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 :- 27.4.2022 Ak/

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Digitally signed by ARUN KUMAR Date: 2022.04.29 12:36:26 IST Reason: Location: High Court of Judicature at Allahabad

Aman @ Sadik v. State of U.P.

Case brief

What is this about?

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Aman @ Sadik v. State of U.P.

Case brief

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