AMREESH KUMAR AND TWO ORS Vs. STATE OF U P
LAWS(ALL)-2009-5-681
HIGH COURT OF ALLAHABAD
Decided on May 06,2009

AMREESH KUMAR Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

A. Mateen, J. - (1.) HEARD learned counsel for the applicants and the learned Additional Government. Gone through the FIR as well as bail rejection order. From the possession of the applicants and three other persons country made liquor is said to have been recovered along with the utensils for preparation of the same and allegation is to the effect that adulterated country made liquor was being prepared by the applicants. Submission of learned counsel for the applicants is that no where it has been indicated that as to how the applicants were preparing the adulterated country made liquor so as to prosecute them under the provisions of Section 272 IPC and the applicants are in jail since 22.03.2009. It has also been submitted that co-accused, namely, Puran, who was also arrested along with the present applicants, has already been released on bail by this Court vide order dated 05.05.2009 passed in Criminal Misc. Case No. 2795 (B) of 2009. Considering the totality of the circumstances and also punishment under Section 60/63 Excise Act, I find it a fit case for bail. Let applicant Amreesh Kumar, accused of Case Crime No. 195 of 2009, under Sections 60/63 Excise Act read with Section 272 IPC, applicant Sunil, accused of Case Crime No. 197 of 2009 under Sections 60/63 Excise Act read with Section 272 IPC and applicant Ganga Ram, accused of Case Crime No. 198 of 2009, under Sections 60/63 Excise Act read with Section 272 IPC, all case crime numbers relate to police station Masauli, district Barabanki be also released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned.;


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