Sonu v. State of U.P.
Case brief
What is this about?
Court granted bail under Section 439 Cr.P.C. to an applicant in a liquor offence case, noting absence of independent witnesses, lack of FSL report, and prolonged confinement, despite State's objection.
What did the court decide?
Applicant released on bail on personal bond and two sureties with conditions to appear and not tamper with evidence or witnesses.
What the court decided
Neutral Citation No. - 2023:AHC:179421
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38000 of 2023
Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
- Supplementary affidavit filed by the counsel for the applicant, is taken on record.
- Heard learned counsel for the applicant and learned AGA for the State-respondent.
3.The instant bail application under Section 439 Cr.P.C. has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 268 of 2023, under Section 60(2) of Excise Act and Section 272 IPC, Police Station Kamalganj, District Farrukhabad, during the pendency of trial.
- Counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of 20 liters of illicit liquor and certain other articles has been shown from the applicant. There is no independent witness to the recovery. There is no FSL report to establish that the liquor seized is spurious or obnoxious. The criminal history of the applicant has been explained in para 2 of the supplementary affidavit. The applicant is in jail since 22.06.2023 and in case he is enlarged on bail, he will not misuse the said liberty.
Issues for consideration
1 issue framed by the court
Whether the applicant, falsely implicated in an illicit liquor case without independent witnesses or FSL report, is entitled to bail after prolonged confinement.
Parties & counsel
- applicant
Sonu
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/38000/2023
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