Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28102 of 2021 Applicant :- Ajay Kumar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.125 of 2021, under Sections 420, 467, 468, 471 I.P.C. and Section 63 of Excise Act, P.S. Didauli, District Amroha, during pendency of the trial.
As per prosecution version, 100 boxes of local liquor has been recovered from the vehicle bearing No.HR 67A 5166 and four persons were arrested from the spot.
It is argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive; applicants are driver and conductor of the vehicle and he has no concern with the recovered material and upon instruction of the owner of the vehicle, they carried the goods; there is no independent witness of the recovered article. There is no prospect of trial of the present case being concluded in near future. The applicants are not a previous convict. The applicants are languishing in jail since 08.04.2021 and in case they are enlarged on bail they will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicants.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants, Ajay Kumar and Meenu, who are involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 :- 12.8.2021 Meenu