Jagat Pal v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13878 of 2023 Applicant :- Jagat Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Surya Narayan Singh,Ajit Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ajit Singh, learned counsel for the applicant, Sri Arpit Kumar, 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.239 of 2023, under Sections 60 (2) Excise Act & Section 272 I.P.C., registered at Police Station Nagram, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.09.2023 alleging that on the basis of information received from a mukhbir a police team raided the applicant's house and found him manufacturing illicit noxious liquor. The F.I.R. claims recovery of 10 liters liquor and 500 grams urea from the spot and it is alleged that two samples of 400 grams each of lahan and liquor were taken and the remaining quantity was disposed of.

¶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.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery has not been witnessed by any independent person; that the recovery memo does not make a mention of ascertainment of quantity of the items allegedly recovered; that the applicant has no previous criminal history and he is languishing in jail since

25.09.2023 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Jagat Pal be released on bail in the aforesaid case 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. (Subhash Vidyarthi, J.) Order Date :- 23.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench