Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31480 of 2018 Applicant :- Deepak Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Relying upon paragraph Nos. 4 and 5 of the supplementary affidavit filed alongwith this bail application, the applicant has prayed that he may be permitted to correct certain typographical errors in Section 62 (2), which is Section 60 (2).
Prayer is allowed.
Learned counsel for the applicant is permitted to make necessary correction in Section during the course of the day.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Deepak with a prayer to release him on bail in Case Crime No. 206 of 2018, under Sections 419, 420, 467, 468, 471, 272 IPC and Section 60, 60(2), 72 of Excise Act, Police Station Kotwali Hata District- Kushi Nagar, during pendency of trial.
It is submitted by the learned counsel for the applicant that the first information report was lodged against three named persons including the applicant on 30.5.2018 in respect of an incident said to have taken place on the same day with the allegation that he was involved in transportation of illicit liquor. He is stated to be a driver of the vehicle. The applicant is languishing in jail since 31.5.2018. He does not have any criminal history to his credit. 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 Deepak 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 :- 20.8.2018 Ruchi Agrahari