Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30330 of 2019 Applicant :- Avnish Opposite Party :- State Of U.P.
Counsel for Applicant :- Jai Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Jai Prakash Singh, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Avnish with a prayer to enlarge him on bail in Case Crime No.136 of 2019, under Section 272 I.P.C. & Section 60(2) Excise Act, Police Station Tilhar, District Shahjahanpur.
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 200 lt. adulterated liquor, 5 kg. urea and 4000 kg. lahan have been recovered. It is next argued that the applicant was not arrested from the spot. There is no independent witness to the alleged incident. No incriminating material has been recovered either from the possession of the applicant or on his pointing out. 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, he is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 04.04.2019. Accordingly, he requests for bail.
Per contra, learned A.G.A. 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 facts and circumstances of the case as well as submissions made by learned counsel for the parties and 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 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.
(ii) 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.
(iii) 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.
(iv) 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 :- 30.7.2019 Anand Sri./-