Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35135 of 2019 Applicant :- Bittu Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
The instant bail application has been filed on behalf of the applicant, Bittu with a prayer to release him on bail in Case Crime No. 121 of 2019, under Sections 272, 273 IPC, and section 60 Excise Act Police Station Babri, District- Shamli, during pendency of trial.
The applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Food Safety and Standards Act, 2006 has been enacted by the legislature and hence the implication of the applicant under sections 272 and 273 I.P.C. is unjustified. Offence under section 60 of Excise Act is bailable and trible by Magistrate. False recovery has been alleged. The applicant is languishing in jail since 1.6.2019.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused and 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 Bittu 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 :- 28.8.2019 Atul kr. sri.