Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31529 of 2019 Applicant :- Ash Mohammad Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Singh Rathaur Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Ash Mohammad in connection with Case Crime No.249 of 2019, under Sections 60, 63 and 72 Excise Act and under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali, District Ballia.
As per the allegation made in the first information report that 420 petty of illegal liquor was recovered from the applicant along with other co-accused person. The applicant was driver of the truck in which the illegal liquor was kept.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the alleged joint recovery shown from the applicant along with co-accused is totally fake and false. He submitted that there is no public witness of the alleged recovery. He submitted that the applicant is languishing in jail since 14.06.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ash Mohammad involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 30.9.2019 R./