Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30598 of 2019 Applicant :- Avanish Kumar @ Daddu Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Mukesh Kumar, learned counsel for the applicant, Sri Nagendra Kumar Mishra, learned counsel for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Avanish Kumar @ Daddu with a prayer to enlarge him on bail in Case Crime No.0109 of 2019, under Sections 60(2) of Excise Act and Section 272 I.P.C., Police Station Bewar, District Mainpuri.
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 as per version of FIR on information by the informer the police party raided the place where adulterated liquor was being manufactured and from the alleged place 30 lts. crude wine in two jarikan, one batti tanki, one gas cylinder, one gas chulha and 500 gm. urea khad had been recovered. It is argued that the applicant was not arrested at the spot. The recovery shown against the applicant is planted one. No independent witness has been produced to support the case. It is next contended that the applicant has no criminal history and 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, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 05.06.2019. Accordingly, he requests for bail.
Per contra, learned counsel for the State has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
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./-