Supplementary affidavit filed on behalf of applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This bail application has been moved on behalf of the applicant-accused, Desh Kumar Jaiswal, who is involved in Case Crime No. 213 of 2010 under sections 60(2) Excise Act and 272 I.P.C., P.S.-?ighasan, District-Kheri.
According to prosecution, on the basis of information received through informer, the police party raided the house of the applicant and 135 Liters country-made liquor, two kg. Urea and six Phials of Oxytocine injection were recovered from his house and 50 Liters country-made liquor and one kg. Urea were recovered from the applicant's another house and co-accused, Musammi was arrested. He has further submitted that the co-accused, Musammi has been enlarged on bail vide order dated 18.3.2010 passed by Learned Sessions Judge, Lakhimpur-Kheri and the copy of bail order has been enclosed as Annexure No. SA-1 to the supplementary affidavit.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the instant case and he has no previous criminal history and he is in jail since 26.02.2010.
Learned A.G.A. has opposed the bail application.
There does not appear to be any reasonable ground to believe that the applicant will tamper with the witnesses or abscond, if released on bail.
Having considered the nature & gravity of accusation, complicity of the accused, nature of supporting evidence,severity of punishment in case of conviction and submissions made on behalf of the applicant as well as learned A.G.A. and without expressing any opinion on the merits of the case, I am of the view that it is a fit case for bail.
Let the applicant-accused, Desh Kumar Jaiswal, who is involved in Case Crime No. 213 of 2010 under sections 60(2) Excise Act and 272 I.P.C., P.S.-?ighasan, District-Kheri, be enlarged on bail on his furnishing a personal bond and two sureties each, in the like amount to the satisfaction of the court concerned.
Order Date :- 23.9.2010 kkm