Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46136 of 2021 Applicant :- Arshad Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application filed under Section 439 of Cr.P.C., the applicant who is involved in Case Crime No.469 of 2021, under Section 60 of Excise Act and Sections 272, 273 I.P.C., Police Station Kairana, District Shamli and is in jail since 7.9.2021, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. He further submitted that five liters of illicit liquor containing rectified spirit is alleged to have been recovered from the possession of applicant. He further submitted that there is no public witness of the alleged recovery from the applicant. He further submitted that the applicant has criminal history, which has explained in the affidavit. He further submitted that the applicant has been acquitted in one case and is on bail on remaining cases. He further submitted that the applicant is languishing in jail since 7.9.2021 and that in case he is released on bail, he will not misuse the liberty of bail and will co-operate with the trial.
Learned A.G.A. has opposed the prayer for bail and submitted that there is criminal history of 12 cases including the present case also.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances 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 the applicant Arshad involved in aforesaid crime 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
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 :- 22.12.2021 Anil K. Sharma