Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11858 of 2019 Applicant :- Ankesh Kabootra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ray Sahab Yadav,Ruchita Jain Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ray Sahab Yadav, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 17 of 2019 under Section 60 (2), Excise Act and Section 272 I.P.C., P.S. Mauranipur, District Jhansi.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; 140 ltrs. of raw illegal liquor was recovered from the accused along with two other co-accused; accused applicant was arrested on the spot while two other accused fled from the spot who have been granted bail by this court, copy of one of them has been provided which is of co- accused Radheshyam who has been granted bail by this Court on 19.04.2019 in Crl. Misc. Bail Application No. 16216 of 2019 and the same is taken on record. It is stated that nothing noxious have been found to have been mixed in the said liquor which can be injurious to life; the present applicant has no criminal history; the accused applicant is in jail since 7.01.2019; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer of bail and admitted that no such expert report is on record stating that the said liquor was found to be spurious and harmful for consumption.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Ankesh Kabootra involved in aforesaid crime 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 with the following conditions that :-
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 A. Mandhani