Pooranlal vs State Of U.P.
2019 Latest Caselaw 4026 ALL

Citation : 2019 Latest Caselaw 4026 ALL
Judgement Date : 2 May, 2019

Allahabad High Court

Pooranlal vs State Of U.P. on 2 May, 2019

Bench: Ram Krishna Gautam




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 79
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38985 of 2018
 

 
Applicant :- Pooranlal
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajeev Kumar Singh Parmar,Rakesh Pati Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ram Krishna Gautam,J.

By means of this application the applicant Pooranlal has prayed to release him on bail in Case Crime No. 236 of 2018, u/s 60(2) of Excise Act and Section 272 of I.P.C., P.S. Kyoladiya, District Bareilly.

Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number for alleged recovery of 14 liter of illicit liquor along with 1 kg. urea and lahan and cartridges for manufacturing of liquor. Whereas no such recovery was there nor there was any independent public witness nor accused applicant is of criminal antecedents. He has been falsely implicated in this very case crime number. Bail has been prayed for.

Learned AGA has vehemently opposed the bail application.

Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.

Accordingly, the bail application is allowed.

Let the applicant, Pooranlal, 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:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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 :- 2.5.2019

Kamarjahan