Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53502 of 2021 Applicant :- Hariom And Anr.
Opposite Party :- State Of U.P. Through Secretary Home At Lucknow Counsel for Applicant :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Mukesh Chandra Gupta, learned counsel for the applicants and Sri Ankit Srivastava, learned AGA for the State as also perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants -Hariom and Bantu alias Bhartendu, with a prayer to release them on bail in Case Crime No. -206 of 2021, under Sections -272, 273, 304, 420, 467, 468, 471, 34, 120B I.P.C. and 60A, 60(1), 60(2) Excise Act, Police Station -Dauki, District -Agra, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) against FIR lodged on 25.08.2021, the applicants are in confinement since 14.09.2021;
(ii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iii) the applicants have no criminal history;
(iv) though chargesheet has already been submitted, there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicants that the specific allegation has been made in the FIR against named accused persons. The applicants are not named in the FIR. Neither they had sold nor dealt with offending commodity nor they were involved in the occurrence. Purely on the confessional statement of the co-accused, the applicants have been falsely implicated for other reasons.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicants, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicants involved in the aforesaid crime be released on bail, on their furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2021 S.Chaurasia Digitally signed by SAUMITRA DAYAL SINGH Date: 2021.12.21 10:55:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad