Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30799 of 2021 Applicant :- Harendra Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Nitika Gupta,Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No.188 of 2021, under Section 60 Uttar Pradesh Utpad Shulk/Abkari Adhiniyam and Sections 272, 420, 467, 468, 471 IPC registered at Police Station Barsana, District Mathura.
Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant was not arrested on the spot. It is further submitted that nothing incriminating has been recovered from the possession or pointing out of the applicant in the present case. It is further submitted that there is no independent witness of the alleged recovery. He further submitted that other co-accused persons, Kapil Thakur @ Kapil Deo, Vinod Kumar, Bankey Behari @ Bankey Thakur, Kanhaiya @ Prashant Rajpoot were arrested on the spot with alleged duplicate liquor, have been granted bail by the co-ordinate Bench of this Court vide orders dated 03.08.2021, 05.08.2021, 06.08.2021, 09.08.2021 passed in Criminal Misc. Bail Application Nos.27354 of 2021, 27554 of 2021, 26730 of 2021 and 26859 of 2021, respectively. The applicant is languishing in jail since 22.06.2021 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant- Harendra Singh involved in the above mentioned case 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:-
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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
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 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 :- 12.8.2021 Atul