Ashwani Yadav v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45620 of 2023 Applicant :- Ashwani Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged against four persons named in the FIR alleging that they were transporting liquor without any authorization.

¶3The Counsel for the applicant argues that the applicant has been wrongly charge-sheeted under Sections 420, 467, 468, 471 IPC. As regards the other charges, he argues that the same are punishable for a term of less than seven years. He argues that the applicant is the cleaner working with the main accused Kuldeep Yadav.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the nature of allegations levelled of transportation of illegal liquor and the main offence under Sections 60 and 63 of the Excise Act being punishable for a term of two years and one year respectively coupled with the fact that the applicant is a cleaner working with the main accused and has no criminal antecedents and is in custody since 21.08.2023, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Ashwani Yadav be released on bail in FIR/ Case Crime No.87 of 2023, under Sections 60/63 of the Excise Act and Sections 420, 467, 468, 471 IPC, Police Station Unj, District Bhadohi on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the 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 akverma High Court of Judicature at Allahabad