Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47874 of 2021 Applicant :- Irshad Opposite Party :- State of U.P.
Counsel for Applicant :- Himanshu Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Himanshu Srivastava, learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.262 of 2021 at Police Station-Ramkola, District-Kushinagar under Sections 60, 72, 62 of the Excise Act read with Sections 419, 420, 467, 468, 471, 272 IPC and Sections 103 and 104 of the Trade Mark Act.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.3, Kushinagar at Padrauna on 25.10.2021.
The applicant is in jail since 26.08.2021, pursuant to the said F.I.R.
Shri Himanshu Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. No recovery of illicit liquor was made from the applicant. The applicant was named in a statement by the co- accused-Vinod Yadav before the police authorities. The aforesaid statement is not reliable. There is no forensic science laboratory report to confirm whether the seized liquor is illicit, adulterated or noxious substance. Apart from the instant case, the applicant does not have any criminal history. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from this case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Irshad involved in Case Crime No.262 of 2021 at Police Station-Ramkola, District-Kushinagar under Sections 60, 72, 62 of the Excise Act read with Sections 419, 420, 467, 468, 471, 272 IPC and Sections 103 and 104 of the Trade Mark Act, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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 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.
Order Date :- 23.12.2021 Ashish Tripathi