High Court of Judicature at Allahabad
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Chando @ Chandrabhan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22588 of 2006  RD-AH 18222 (28 October 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Chando alias Chandra Bhan involved in case Crime No. 163 of 2006, under section 60/62 of Excise Act and section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police station Baldev, district Mathura.
Heard Sri Ajay Dubey, learned counsel for the applicant, learned AGA and have perused the record.
The learned counsel for the applicant submitted that beetal shop of the applicant is situated near the police station and the police-men used to take beetals and Gutka Pan Masala but did not make payment. The learned counsel submitted that the applicant was beaten by the police personnel on demand of money of purchase of beetal and Gutka Pan Masala and was falsely implicated in the present case. The learned counsel contended that there are no public witnesses to the recovery and the actual culprits have been let off by the police. The learned counsel contended that there is no previous criminal history of the applicant.
The learned AGA argued that huge recovery of English wine and illicit liquor was made from the room of the applicant.
I have taken into consideration the submissions advanced on behalf of both the parties.
The applicant is in jail for the last about one and half month. The offences are triable by the Magistrate Ist class. The applicant is the owner of a beetal shop situated near the police station. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Chando alias Chandra Bhan involved in case Crime No. 163 of 2006, under section 60/62 of Excise Act and section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police station Baldev, district Mathura, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned and an undertaking that he will not misuse the liberty of bail by indulging in the commission of crime or anti social activities after being released on bail.
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