Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13117 of 2021 Applicant :- Bijendra Opposite Party :- State of U.P.
Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Bhuvnesh Kumar Singh, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This bail application has been filed by applicant- Bijendra, for seeking his enlargement on bail in Case Crime No.47 of 2020, under section 420 I.P.C. and sections 60, 63 of U.P. Excise Act, Police Station- Haldaur, District- Bijnor, during pendency of trial.
Perusal of record shows that in respect of an incident, which is alleged to have occurred on 03.03.2020, a delayed F.I.R. dated 04.03.2020 was lodged by first informant, Sanjeev Singh (Excise Inspector, Circle-4, Chandpur) and was registered as Case Crime No.47 of 2020, under section 420 I.P.C. and sections 60, 63 of U.P. Excise Act, Police Station- Haldaur, District- Bijnor. In the aforesaid F.I.R., two persons, namely, Bijendra, who was arrested from the spot and Sachin, who had escaped from the spot, have been nominated as named accused.
According to the allegations made in F.I.R., it is alleged that accused persons are alleged to have indulged in sale of illicit liquor.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in above-mentioned case crime number. Applicant is in jail since 08.02.2021. As such on date, he has undergone more than two months of incarceration. Applicant is a man of clean antecedents, inasmuch as, he has no criminal history. It is next contended that co-accused, Sachin has already been enlarged on bail by this Court vide order dated 08.09.2020. Copy of order dated 08.09.2020 has been placed by learned counsel for applicant before the Court. Same is taken on record. On the aforesaid premise, it is urged that case of present applicant is similar and identical to co-accused. As such, applicant is liable to be enlarged on bail on the ground of parity. It is also contended by learned counsel for applicant that if applicant is enlarged on bail, he shall not misuse the liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
Having heard learned counsel for the parties and upon consideration of material on record, acquisitions made and complicity of accused, I am of the view that applicant has made a case for bail.
Consequently, the bail application is allowed.
Let the applicant- Bijendra, be released on bail in Case Crime No.47 of 2020, under section 420 I.P.C. and sections 60, 63 of U.P. Excise Act, Police Station- Haldaur, District- Bijnor on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date 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 :- 8.4.2021 Saif