Nanhe Lal v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44488 of 2023 Applicant :- Nanhe Lal Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The FIR in question was lodged alleging that the accused including the applicant were engaged on the manufacturing of Pan Masala without any authority from the manufacturers. The applicant in the FIR was alleged as being a labourer doing the packaging work. The applicant has no criminal antecedent. It is argued that one of the co-accused namely Saroj has been granted anticipatory bail.

¶3Learned AGA has opposed the bail application.

¶4Considering the nature of the allegations against the applicant, who is a labourer and was engaged in packaging work, prima-facie, the allegations of manufacture against the applicant are not made out. As such, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Nanhe Lal be released on bail in FIR No.440 of 2023, under Section 420, 467, 468, 471 IPC & Section 61/63 of Copyright Act, P.S. Kotwali, District Shahjahanpur on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 30.10.2023 nishant High Court of Judicature at Allahabad