High Court of Judicature at Allahabad
Case Law Search
Naseem And Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 23390 of 2005  RD-AH 7869 (20 December 2005)
Court No. 19
Crl. Misc. Bail Application No.23390 of 2005
Nasem and another .....Vs.....State of U.P.
Hon'ble Alok Kumar Singh, J.
Heard learned counsel for the applicant and learned A.G.A. and also perused the material on record.
The applicant Naseem and Vikash Kumar are involved in case crime No. 456 of 2005, for the offence under Sections 419,420,467,468,471 I.P.C., and 3/7 E.C.Act, Police Station Tarya Sujan, district Kushi Nagar.
It is alleged that 600 bags D.A.P. fertilizer was sent by firm M/s sheo Trading Company (non applicant) on the truck in question with the applicants as truck driver and cleaner for being delivered to the firm Mr. Ravish Kumar and Manish Kumar (non applicants) Kushi Nagar. When the stock of the firm at Kushi Nagar was checked by authorities. It was found that there is no licence for supply of the aforesaid fertilizer. Hence the report was lodged against both the firms and driver and cleaner of the truck. On behalf of the applicants it is argued that they are mere driver and cleaner of the truck being employees the firm. They are duty bound to get the fertilizer unloaded at the distinction. They have no criminal history against on their credit.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the entire facts and circumstances of the case, taking into consideration some of the arguments, advanced on behalf of the applicant in respect of the points discussed herein above, without prejudice to the merits of the case, I find it to be a fit case for granting bail. Let the applicant be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the concerned Court.
Double Click on any word for its dictionary meaning or to get reference material on it.