Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33430 of 2021 Applicant :- Deepak Kumar @ Deepu Opposite Party :- State of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 87 of 2021, under Sections 304, 326, 120B I.P.C. & 60(1) excise Act, P.S. Moosajhag, Budaun, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Entire prosecution story is false and fake.
(ii) Applicant is a salesman in Ticketganj wine ship but he did not sell any wine to deceased persons or informant.
(iii) Although it is a case of double murder and one injured named Amar Singh has lost his eye sight. The incident is said to have been occurred due to consuming poisonous liquor. The applicant is not named in the FIR and his name came into light during investigation of co-accused Ahalkar who was also a salesman of other shop and who has been granted bail by another co-ordinate Bench of this Court vide order dated 27.10.2021 passed in Criminal Misc. Bail Application No. 33277 of 2021. The case of the applicant stands on identical footing to the co-accused Ahalkar, hence he is also entitled to get the benefit of parity. Nobody has seen the poisonous liquor purchasing from the shop of applicant.
(iv) Applicant is in jail since 12.06.2021 without any credible evidence and having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Though the learned A.G.A. opposed the prayer for bail but considered the factual statements made by the learned counsel for the applicant. He fairly consider that there is no strong evidence against the applicant and charge sheet has already been submitted in the court.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Deepak Kumar @ Deepu be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 SA