Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28283 of 2019 Applicant :- Balram Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Virendra Kumar Gupta, learned counsel for the applicant as well as Ms. Seema Shukla, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that alleged recovery of illegal liquor is false, fabricated and planted. In fact no such recovery has been effected from the possession of the applicant. It is also submitted that there is no independent witness of the alleged recovery and the applicant has no concern with the alleged recovery. It is also submitted that applicant has no criminal history in his credit. It is next submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 17.06.2019. In case he is enlarged on bail he will not misuse the liberty of 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, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case let the applicant-Balram, involved in Case Crime No.220 of 2019, under Section 63/72 Excise Act, Police Station-Khekra, District-Baghpat, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
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 cancellation of applicant's bail.
Order Date :- 30.7.2019 Pr/-