Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28610 of 2021 Applicant :- Aniruddha Opposite Party :- State of U.P.
Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri Satendra Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant-Aniruddha with a prayer to release him on bail in Case Crime No.187 of 2021, registered under Sections 272, 420, 467, 468, 471 I.P.C. and Section 60(A), 62(2), 62/63 of U.P. Excise Act, Police Station Sikandrarao, District Hathras during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Arrest from the spot and alleged recovery from the possession of the applicant is fake and forged. There is no independent witness of the alleged recovery and there is no chemical examination report which may show that alleged liquor is adulterated or noxious and injurious to health. He further contended that co-accused, namely, Smt. Nidhi has been granted bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No.23100 of 2021 vide order dated 30.07.2021, as such, the case of applicant is same as to co- accused, hence, the applicant is also entitled for bail on the ground of parity. The applicant has no previous criminal antecedent and is languishing in jail since 12.05.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
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 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 applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Aniruddha, be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant 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 :- 13.8.2021 Nitin Verma