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Bageshwar Patel vs State Of U P

High Court Of Judicature at Allahabad|29 January, 2019
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JUDGMENT / ORDER

Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3854 of 2019 Applicant :- Bageshwar Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Yadvesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant submits that as per the first information report it is alleged that on 9.6.2018 one pick-up bearing no. U.P. 65 R 9845 loaded 1500 litre adulterated diesel was recovered and the same was given in custody of the Manager of M/s New India Oil Agency. It has been further submitted that the applicant is not named in the F.I.R. The applicant is not owner of the alleged vehicle. He has no concern with the alleged recovered diesel. The owner of the vehicle, Manish Kumar Tiwri, has already been granted bail by another bench of this court vide order dated 5.9.2018, therefore, applicant is also entitled for bail. There is no criminal history of the applicant and is in jail since 13.12.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Bageshwar Patel involved in Case Crime No.0139 of 2018 , under Section 3/7 Essential Commodities Act, Police Station Sakaldeeha District Chandauli 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 with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.1.2019 Gss
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Title

Bageshwar Patel vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 January, 2019
Judges
  • Bachchoo Lal
Advocates
  • Yadvesh Yadav