Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30624 of 2019 Applicant :- Arvind @ Chedi Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Anurag Tripathi, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Arvind @ Chedi with a prayer to enlarge him on bail in Case Crime No.57 of 2019, under Sections 60 (Ka) Excise Act and 272 I.P.C., Police Station Tarya Sujan, District Kushinagar.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that the applicant is neither named in the FIR nor he was arrested from the spot and his name surfaced during investigation. As per allegation in the FIR, the applicant is involved in making illegal liquor. It is next argued that nothing has been recovered either from the possession of the applicant or on his pointing out. Criminal history of the applicant is explained in para nos.8 and 9 of the affidavit filed in support of the bail application. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and the applicant is languishing in jail since 25.03.2019. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
i) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
ii) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
iii) The applicant shall personally appear once in the first week of every month in the concerned police station. In case of any default, the in-charge, police station shall forthwith inform the concerned court about this breach.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the proceed for the cancellation of applicant's bail.
Office is required to communicate this order to the S.S.P. concerned, who is required to convey this order to the concerned police station to ensure compliance of condition no.iii as provided hereinbefore.
The concerned court below which will accept the bail bonds is also directed to convey a photo-copy of this order to the concerned police station so that the condition no.iii provided hereinbefore may be complied with.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 30.7.2019 Anand Sri./-