1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in FIR No.279 of 2020 under Sections 419, 420, 467, 468, 469, 471 IPC, 60A Excise Act, Police Station Naseerabad, Raebareli.
3. It is alleged that from the possession of the accused-applicant and co-accused, 1125 bottles of spurious liquor fraudulently shown as of the reputed brands were recovered along with a country made pistol and two cartridges. The accused-applicant has no criminal history and he has been in jail since 13.10.2020.
4. Learned counsel for the accused-applicant submits that he may be put to some financial burden as a condition precedent for grant of bail subject to his right and contention in the trial.
5. Mr. Brijendra Singh, learned counsel appearing for the State has submitted that bootlegging is a serious offence and the Court should not grant bail to the accused-applicant.
6. Considering the facts and circumstances of the case and the fact that the accused-applicant has criminal history and offences are triable by Magistrate, it would be appropriate to enlarge the accused-applicant on bail who has been in jail since 13.10.2020,.
7. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
8. Let applicant Ashish Kumar @ Bachcha Sahu be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i) The applicant shall deposit a sum of Rs.40,000/- with Army Battle Casualty Welfare Fund within a period of four weeks from the date of his release from jail on bail and submit a receipt thereof before the trial Court. In case, the applicant fails to deposit the aforesaid amount, this order shall be treated to be cancelled and the applicant shall be taken into custody.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 2.2.2021 prateek