Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13030 of 2021 Applicant :- Gajendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Pavan Kumar, learned counsel for applicant and learned A.G.A. for State.
This application for bail has been filed by applicant Gajendra Singh seeking his enlargement on bail in Case Crime No. 59 of 2020, under Sections 420, 269, 188 IPC and Sections 60/63 Excise Act, P.S. Bhagatpur, District Moradabad, during pendency of trial.
Record shows that in respect of an incident, which is alleged to have occurred on 21.04.2020, a prompt F.I.R. dated 21.04.2020 was lodged by first informant S.I. Anil Kumar and was registered as Case Crime No. 59 of 2020, under Sections 420, 269, 188 IPC and Sections 60/63 Excise Act, P.S. Bhagatpur, District Moradabad. In the aforesaid F.I.R. five persons namely Gajendra Singh, Pradeep Singh, Monu, Rajendra and Rameshchandra Sharma have been nominated as named accused.
According to prosecution story as unfolded in the F.I.R., it is alleged that named accused are in involved in sale of illicit liquor.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number. Applicant is in jail since 12.01.2021. As such, he has undergone almost three months of incarceration. It is then contended that co-accused Pradeep Kumar has already been enlarged on bail by this Court, vide order dated 17.03.2021. Bail order in respect of above co-accused has been placed by learned counsel for applicant before this Court. Same is taken on record. For ready reference, order dated 12.2.2021 is reproduced herein under:-
"Heard Shri Girish Tiwari, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Although applicant is named in the F.I.R. but recovery is false, planted and is not supported by any independent evidence. No prima facie case is made out against the applicant. The applicant has no criminal history. He is languishing in jail since 12.01.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Pradeep Kumar involved in Case Crime No. 59 of 2020, under Sections 420, 269, 188 IPC and Section 60/63 Excise Act, P.S. Bhagatpur, District - Moradabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. "
It is thus urged that for the facts and reasons recorded in order dated 12.2.2021, applicant is liable to be enlarged on bail. Case of present applicant is similar and identical to aforesaid co- accused. As such, applicant is liable to be enlarged on bail on the ground of parity also. In case, applicant is enlarged on bail, he shall not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed this application. However, he could not dispute submissions urged by learned counsel for applicant.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant Gajendra Singh, involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
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.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 8.4.2021 HSM