Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44764 of 2018 Applicant :- Dharm Raj Opposite Party :- State Of U.P.
Counsel for Applicant :- Pavan Kishore,Mahendra Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vikram Nath,J.
Sri Sriprakash Dwivedi, Advocate has filed Parcha on behalf of the applicant and has also filed supplementary affidavit.
Heard Sri Sriprakash Dwivedi, learned counsel for the applicant and Sri G.P. Singh, learned AGA for the State.
It is submitted by the learned counsel for the applicant that the applicant is in jail since 17.08.2018. It is further submitted that 18 previous criminal cases of the applicant relate to the Excise Act and in all such cases the applicant is on bail. Most of the cases are of minor offence. It is next submitted that in none of the cases, the liquor said to have been manufactured by the applicant has caused any poisoning or infection to any consumer.
Without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant-Dharam Raj, be released on bail in Case Crime No.0222 of 2018, under Sections 60(2) UP Excise Act & 272 IPC, Police Station Lal Ganj, District Mirzapur, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.4.2019 RPS