Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47296 of 2018 Applicant :- Bharat Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Singh Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Heard Sri Vinod Kumar Singh Kushwaha, learned counsel for the applicant and Sri Mayank Awasthi, learned Brief Holder for the Sate.
It is submitted by the learned counsel for the applicant that the applicant is in jail since 17.10.2018 and did not have any previous criminal antecedents except one case in which the applicant was arrested on 12.10.2018 which also related to case under the Excise Act. In the said case the applicant is already on bail, such fact is not disputed by the learned Brief Holder for the State. It is next submitted that the applicant has been falsely implicated and that the applicant has not committed any crime.
Without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant-Bharat, be released on bail in Case Crime No. 44 of 2018, under Sections 60, 63, 72 of Excise Act and section 272, 120-B, 419, 420 IPC Police station Rewatipur, District Ghazipur, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.4.2019 RPS