Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49206 of 2018 Applicant :- Birendra Rao Opposite Party :- State Of U.P. Counsel for Applicant :- Juned Alam Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Juned Alam, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery which has been shown from the possession of the applicant, is planted. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant is in jail since 12.08.2018 and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. It is further submitted that the criminal history of the applicant has properly been explained in para 7 to the affidavit filed in support of bail application. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Birendra Rao be released on bail in Case Crime No. 334 of 2018, under Sections 60, 63 Excise Act, Police Station- Kotwali Hata, District- Kushi Nagar on furnishing a personal bond and two sureties (Rs. Two Lacs each) (One should be of a family member) each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial 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 :- 20.12.2018 Arti