Court No. - 36
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10163 of 2021 Applicant :- Himanshu And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Girish Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned Additional Government Advocate representing the State and perused the record of the case.
The instant bail application has been filed on behalf of the applicants with a prayer to release him on bail in Case Crime No. 0014 of 2021, under Sections 60, 63 of Excise Act and 420 IPC, police station Gajraula, district Amroha during the pendency of trial.
It is argued by the learned counsel for the applicants that the applicants have falsely been implicated in the present case. They have not transported or smuggled any illegal liquor. There is no independent witness of alleged recovery. The applicants have no previous criminal history except the present case. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 10.1.2021 and in case they are enlarged on bail they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that innocence of the applicants cannot be adjudged at pre trial stage, therefore, the applicants do not deserve any indulgence. In case the applicants are released on bail they will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicants have made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Himanshu and Manoj be released on bail in the aforesaid case crime number on furnishing a personal bond and 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:-
(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
(v) The applicants shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 8.4.2021 A.K.Srivastava