Court No. - 18 Case :- BAIL No. - 5219 of 2010 Petitioner :- Subash Yadav Respondent :- State Of U.P. Petitioner Counsel :- Ravindra Kumar Yadav Respondent Counsel :- Govt. Advocate Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the material on record.
The applicant is involved in Case Crime No.1421 of 2009 under section 272
I.P.C. and sections 60, 62, 63 Excise Act, Police Station Kotwali
Akberpur,District Ambedkar Nagar.
The submissions of the learned counsel for the applicant are that, according to
the prosectuion case 400 liters illicit and adulterated spirit which was
contained in two drums of 200 liters each and was carrying on a Maruti 800
was recovered from the possession of the applicant. The recovery memo
shows that one of the drums was kept in the boot (dicky), whereas the other
drum was kept between two seats of the car, but looking to the volume of the
spirit and the size of the drums, it can not be kept either in the boot or
between the seats of the car and this circumstance makes the alleged recovery
false. It is also submitted that there is not public witness of the of the alleged
recovery and the applicant has no criminal antecedent and he is languishing in
jail since 18.12.2009.
Learned A.G.A. however, opposed the bail.
Considering the above circumstances and nature of the offence, I am of the
view that the applicant appears entitled to bail.
Let applicant Subash Yadav be enlarged on bail on his executing a personal
bond and furnishing two sureties each in the like amount to the satisfaction of
the Court concerned.
Order Date :- 15.7.2010
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