Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17385 of 2019 Applicant :- Govind Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Govind has prayed to release him on bail in Case Crime No. 77 of 2019, u/s 420, 467, 468, 471 I.P.C. & 63/72 Excise Act, P.S. Hafizganj, District Bareilly.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number. He was a cleaner of vehicle concerned from which above recovery of 400 packets of wine were made by police and Excise team. This truck HR-69A-9091 was driven by accused driver Parveen and applicant was as cleaner in above truck. He is neither tampered with wine nor owner of wine nor concerned with above occurrence except being a labour working as cleaner. He is of no criminal antecedents. Bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Recovery of above liquor from above truck, having above registration number, being driven by Parveen and a cleaner i.e. present accused applicant at above place, time and date of occurrence has not been disputed by learned counsel for the applicant. The main dispute was that it was loaded by Parveen, was owner of above packets and was to be transported to Lucknow by driver and cleaner. Now, investigation above consigner and consignee is under process. The occurrence is being admitted by accused applicant. He is of no criminal antecedents. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Govind, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 25.4.2019 Kamarjahan