Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33277 of 2021 Applicant :- Ahalkar Opposite Party :- State of U.P.
Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Pankaj Satsangi, learned counsel for the applicant, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 87 of 2021 under Sections - 304, 326, 120-B IPC, and 60 (1) U.P. Excise Act, P.S.- Moosajhag,District- Budaun.
It is submitted by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. The applicant was not named in the FIR. It is next submitted that FIR was lodged by informant Ganga Singh to the effect that three persons named in the FIR, have given quarter of country made liquor to his son Sanjay Singh and one Amar Singh, when they consumed the liquor, son of the informant Sanjay Singh died and one other person Amar Singh lost his eye sight. It is next submitted that name of the applicant was surfaced on the basis of the statement of the Excise Inspector recorded under Section 161 Cr.P.C. on the ground that liquor was given to the said persons from the shop of licensee Maladevi and the applicant is only sales man of the said shop. It is contended that there is no evidence against the applicant in order to connect the crime with him to the effect that the victim Sanjay Singh died after consuming the spurious liquor and one another person Amar Singh lost his eye sight due to the same. The report of the District Magistrate appended at page 52 indicates that no adulteration was found in the sample which was taken from the shop belongs to Maladevi.
It is further submitted that the cause of death as per the post- morterm report of the deceased Sanjay Singh is not ascertain as the viscera is preserved and the report of the same is still awaited. It is next submitted that without waiting the viscera report charge-sheet has been submitted by the Investigating Officer under Sections - 304, 326, 120-B IPC, and 60 (1) U.P. Excise Act against the applicant.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been pointed out that the accused is not having any criminal history as stated in paragraph no. 17 of the affidavit and he is in jail since 4.6.2021 and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. The bail application stands allowed.
Let the applicant- Ahalkar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.10.2021 Akbar