Allahabad High Court
Harveer Singh vs State Of U.P. on 3 December, 2019
Author: Ramesh Sinha
Bench: Ramesh Sinha
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53234 of 2019 Applicant :- Harveer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Uma Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.
Heard Sri U.N. Pandey, learned counsel for the applicant, Sri Irshad Hussain, learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that the applicant is the owner of the truck in question. He had given the said truck on rent to one contrator, namely, Ballu. He had no knowledge about the consignment of liquor which was seized while it was being taken to Bihar through Gorakhpur. He submits that a Co-ordinate Bench of this Court had granted bail to the driver and conductor of the said truck on 8.10.2018 in Crl. Misc. Bail Application No. 38501 of 2018 copy of which is annexed at page-39 of the accompanying affidavit. The applicant is in jail since 14.11.2019.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the consignment of liquor was being transported to Bihar through Gorkhpur for sale on higher rates and the applicant has been unable to give proper explanation of huge recovery of the consignment loaded on the truck.
Without expressing any opinion on the merits of the case and considering the submission advanced and the gravity of offence and huge amount of recovery of liquor in question, I find no good ground for grant of bail to the applicant Harveer Singh involved in Case Crime No. 388 of 2018 under sections 419, 420, 467, 468, 120-B I.P.C. read with Section 72, 63, 60 Excise Act, police station Sahjanawa, District Gorakhpur.
Accordingly, the bail application is rejected at this stage.
Order Date :- 3.12.2019 Shiraz