Dharmendra Kumar vs State Of U.P.
2023 Latest Caselaw 10315 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11315 of 2023
 

 
Applicant :- Dharmendra Kumar
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Shyam Babu Vaish
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A for the State.

There is allegation in the F.I.R. regarding recovery of illegal liquor from applicant. It has been submitted that offence under Section 60 (2) of Excise Act is bailable and triable by Magistrate but offence u/s 272 I.P.C. is non-bailable. False recovery has been alleged against the applicant. The applicant is in jail since 26.05.2022 and has no criminal history to his credit.

On the other hand learned A.G.A has opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Dharmendra Kumar, involved in Case Crime No. 12/2023, under Section 272 IPC and 60 Excise Act, Police Station- Sandeepan Ghat, District- Kaushambi, 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. Further, before issuing the release order, the sureties be verified.

1. The applicant will not tamper with the evidence during the trial.

2. The applicant will not pressurize/ intimidate the prosecution witness.

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

4. 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.

5. 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.

In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

Order Date :- 7.4.2023

Abhishek