Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30070 of 2019 Applicant :- Atendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Puneet Bhadauria Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Puneet Bhadauria, learned counsel for the applicant, Sri S.N. Mishra, learned A.G.A. appearing for the State and perused the record.
It has been contended by the learned counsel for the applicant that even if the allegation made in the F.I.R. is taken to be true on its face value, the proceedings under the Excise Act cannot be initiated which is pending and only penalty can be imposed on him and his license can be cancelled for which proceedings have been initiated. He states that the applicant is a licensee of the liquor and had had valid license issued by the competent authority copy of which is annexed at page-20 of the present application. The applicant has no other reported criminal antecedent. The present F.I.R. under the Excise Act and other Penal offices is misuse of process of law.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Atendra Kumar involved in Case Crime No. 117 of 2019 under sections 60 (1), 64 U.P. Excise Act, 1910 and 420, 467, 468, I.P.C., police station Ekdil, District Etawah, 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 certified 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 certified 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.
Order Date :- 26.7.2019 Shiraz