Chhote Raja v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45357 of 2023 Applicant :- Chhote Raja Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

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

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.553 of 2023, under Section 420, 467, 468, 471 IPC and Sections 60/63/72 of the Excise Act, Police Station Akarabad, District Aligarh, during the pendency of trial.

¶3Learned counsel for the applicant has argued that the applicant has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is further argued that only the case is that the liquor which had to be sold in Punjab and Haryana was carried by the applicant in the State of Uttar Pradesh for the purposes of sale. However, there is no report that the alleged recovered liquor was harmful for human health. There is no previous criminal history of the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since

24.09.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has vehemently opposed the bail application but he could not dispute the submission advanced on behalf of the counsel for the applicant.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Chhote Raja, involved in the aforesaid case crime 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:

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

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 23.11.2023 Shahroz High Court of Judicature at Allahabad