Allowed

Sandeep v. State of U.P.

Allahabad HC12 Jan 2023BAIL/58175/2022

Case brief

AI extract

What is this about?

This court allowed an application for bail under Section 439 Cr.P.C. The applicant, alleging false implication regarding illicit liquor recovery, was released on personal bond and two sureties subject to standard conditions of appearing, not tampering with evidence, and not pressurizing witnesses.

What did the court decide?

Applicant enlarged on bail on personal bond and two sureties with conditions to appear and not tamper with evidence.

Sandeep Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58175 of 2022

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Applicant :- Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Pravesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 284 of 2021, under Sections 63 of Excise Act, Police Station- Khurja Dehat, District- Bulandshahr during the pendency of trial.

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It is submitted that the applicant has been falsely implicated in the instant case. False recovery of illicit liquor has been shown from a truck, which belongs to the co-accused, Sunny Kumar. There is no independent witness to the recovery. The criminal history of the applicant has been explained in para no. 20 of the affidavit. The applicant is in jail since 18.08.2022. In case he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Sandeep involved in aforesaid case 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 the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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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 :- 12.1.2023 Aditya

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Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad

Sandeep v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sandeep v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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