Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43800 of 2017 Applicant :- Ajay Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Varun Dev Sharma,Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard Sri Ashwini Kumar Srivastava, learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, on 14.9.2017, on getting information police arrested Ajay and Bijendra with 192 Quarter illegal wine, 5 litre Rectifier, 5 litre adulterated wine and one motorcycle. FIR was lodged against them.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 15.9.2017(more than five months); he has criminal history of six cases which have been explained; he has been falsely implicated in the present case; there was no independent witness; there was no chemical examination report to show that wine was adulterated; offence under Section 272, 273 IPC is not made out; in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Ajay Kumar involved in Case Crime No.368 of 2017, under Section 272, 273 IPC & Section 60/72 Excise Act, Police Station Kithore, District Meerut be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.2.2018 P.P.