Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56926 of 2019 Applicant :- Bhoore And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Beerendra Pratap Singh,Indra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State respondent.
It is contended by the learned counsel for the applicants that the applicants are not named in the first information report and their name came into light in the statement of co-accused Awadhesh Kumar, owner of the vehicle. It is further contended that nothing has been recovered from the possession of the applicants and they have been falsely implicated in this case due to ulterior motive. It is next contended that there are no chances of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. It is further contended that the applicants are in jail since 03.12.2019 and if they are released on bail, they will not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as averments made in the application..
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicants Bhoore and Pooran involved in case crime no. 491 of 2015 under Section 60, 63, 72 of Excise Act police station Jaithra district Etah be released on bail on their furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that they:
1. shall appear on the date fixed by the trial court;
2. shall not tamper with the prosecution evidence; and
3. shall not pressurize the prosecution witnesses.
In case of default of any of the aforesaid conditions, this bail order shall automatically stand cancelled.
Order Date :- 20.12.2019 Ashish