Aas Mohammad v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1376 of 2023 Applicant :- Aas Mohammad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Adarsh Kumar Maurya,Priyanka Singh,Punit Kumar Shukla,Rakesh Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Puneet Kumar Shukla, learned counsel for the applicant, Sri Sanjay Maurya, the learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 438 of 2022, under Sections 34, 420, 467, 468, 471 I.P.C. and Section 60, 63, 72 of Excise Act, registered at Police Station Khirabad, District Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.11.2022 against the applicant and one Asif. stating that on the basis of information received from a mukhbir a truck was intercepted which was being driven by the applicant and the co-accused was also sitting in the truck. 168 bottles of smuggled English liquor were recovered from the truck.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶5Co-accused Asif has already been granted bail by means of an order dated 28.08.2023 passed by this Court in Criminal Misc. Bail Application No. 10718 of 2023.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that even as per the FIR, no independent person witnessed the recovery; that the applicant has no previous criminal history and he is languishing in jail since 05.11.2022 whereas the co-accused has been granted bail and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Aas Mohammad be released on bail in Case Crime No. 438 of 2022, under Sections 34, 420, 467, 468, 471 I.P.C. and Section 60, 63, 72 of Excise Act, registered at Police Station Khirabad, District Sitapur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 28.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench