Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28400 of 2019 Applicant :- Bheem Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Chandra Uttam,Mohammad Firoz Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as the learned A.G.A. for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Bheem Singh with a prayer to release him on bail in Case Crime No. 143 of 2019, under Section 60/63/72 of Excise Act & under Section 420 I.P.C., Police Station- Math, District- Mathura, during pendency of trial.
Submission is that Food Safety and Standards Act, 2006 has been enacted by the legislature and hence the implication of the applicant under section 420 I.P.C. is unjustified. Offence under section 60/63/72 of Excise Act are bailable and triable by Magistrate. False recovery has been alleged. The applicant is languishing in jail since 24.06.2019, who is not a previous convict.
Per contra learned A.G.A. has opposed the prayer for bail 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.
Having considered the submissions of the parties noted above averments made in supplementary affidavit filed today, larger mandate of the Article 21 of the Constitution of India 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 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Rohit