Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39286 of 2021 Applicant :- Aas Mohammad @ Ashu Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed by the applicant- Aas Mohammad alias Ashu with a prayer to enlarge him on bail in Case Crime No.408 of 2021, under Sections- 272, 273 I.P.C. & Section 60 of U.P. Excise Act, Police Station- Kairana, District- Shamli.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case. It is further submitted that nothing has been recovered from the possession of the applicant, the alleged recovery is false and planted and there is no independent witness. According to prosecution case 5 ltrs of country made adulterated liqur has been recovered from the possession of the accused-applicant.The applicant is languishing in jail since 09.08.2021. The criminal history has been explained in para-11 of the affidavit.
Learned A.G.A. has vehemently opposed the bail application and submitted that the accused applicant have three previous criminal history.
Considering the rival submissions of the parties, nature of offene, severity of punishment and all other attending circumstances and the facts, without expressing any opinion on merit of the case, the Court is of the view that a case of bail is made out.
Accordingly, bail application is allowed.
Let the applicant- Aas Mohammad alias Ashu involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he shall not indulge in any criminal activities.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 C. MANI