Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30061 of 2019 Applicant :- Deep Chandra @ Deepu Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sushil Kumar Dubey, learned counsel for the applicant, Sri Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Deep Chandra @ Deepu with a prayer to release him on bail in Case Crime No. 379 of 2019, under Section 272 I.P.C. and U/s 60, 72 Excise Act, Police Station- Kotwali Bidhuna, District- Auraiya, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per the version of the F.I.R., 380 quarter of country made liquor and cane filled with 40 lts. liquid and other articles have been recovered from the joint possession of the accused persons. It is next submitted that false recovery has been planted against applicant to implicate him in the offence, the said recovery has not been witnessed by any independent witness. Though the applicant was arrested from the spot but has nothing to do with the alleged recovery. It is next submitted that as per recovery memo, there is no mention whether recovered material is intended for sale or it is injurious to health. The co-accused-Vipin Kumar having similar role has already been granted bail by this Court vide order dated 10.07.2019 passed in Cri. Misc. Bail Application No. 27415 of 2019, copy of which order has been passed on to the Court today, is kept on record, hence the applicant is also liable to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 19.06.2019. The applicant does not have any previous criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties 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 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 :- 26.7.2019 JK Yadav