Supplementary affidavit filed by the learned counsel for the applicant is taken on record.
Learned counsel for the applicant is permitted to correct the section in the prayer clause as well as in the bail application.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the preset case. False recovery of illegal liquor has been shown against him by the Police to show good work. There is no criminal history against the applicant. Applicant was not found while selling the obnoxious liquor to any one. He is languishing in jail since 03.01.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra, learned AGA opposed the prayer for bail but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions made by learned counsel for the parties and without expressing any opinion on the merits 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 Avanish Kumar @ Anil @ Lila involved in Case Crime No. 02 of 2021, under Section 272 I.P.C. and Section 60/72 of Excise Act, Police Station-Eka, District-Firozabad 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.2.2021 OP