Court No. - 52
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 18084 of 2021 Applicant :- Arvind Kumar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Mahipal Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Mahipal Singh, learned counsel for the applicant and Sri Pankaj Mishra, learned counsel for the State and perused the record.
The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant namely Arvind Kumar in Case Crime No. 522 of 2021, under Sections 420, 467, 468, 471 IPC and Section 60 Excise Act, Police Station- Najibabad, District Bijnor.
The allegation in the First Information Report is that the applicant is a license holder of a wine shop. There has been recovered of 9 cartons and 25 quarter bottles of duplicate liquor from his shop.
Learned counsel for the applicant argued that although the applicant is a license holder of the shop in question but he was not aware of any such alleged recovery. The said recovery from the shop is behind his back for which he has no knowledge. It is further argued that the applicant busy in the work of farming and the salesman Akash was working in the shop and was selling wine to the customers. The applicant is not involved in the present case. There is no report till date that the said wine is a fake. The applicant has no criminal history as stated in para 18 of the affidavit in support of anticipatory bail application.
Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that the applicant is a license holder of the wine shop and there is a recovery of duplicate wine from his shop and as such he is liable to the same.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is a license holder of the wine shop. The recovery is behind the back of the applicant. The applicant has not criminal antecedents.
Without expressing any opinion on the merits of the case, considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Arvind Kumar involved in Case Crime No. 522 of 2021, under Sections 420, 467, 468, 471 IPC and Section 60 Excise Act, Police Station- Najibabad, District Bijnor, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-
(i) the applicant shall make himself available for interrogation by a police office as and when required;
(ii) 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 office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 28.10.2021 M. ARIF (Samit Gopal, J.)