Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant-Ishwar Chandra Maurya for grant of bail, in Case Crime No. 209 of 2020, under Sections 420, 467, 468 468, 272 I.P.C. and Section 60/72 Excise Act, Police Station Hasanganj, District Unnao, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in this case and nothing as claimed by the prosecution has been recovered from the possession of the applicant nor the applicant has been found in any 'bolero vehicle' .
It is further submitted that in the First Information Report/'Fard Baramadgi', it has been specifically stated that the business of manufacturing of illicit liquor is done by one Dheeraj Maurya in association with Rajjan Rawat and Mukesh Rawat. The 'Bolero vehicle', from which the 03 containers containing 50-60 liters of illicit liquor and other incriminating material has been recovered is also owned by above Dheeraj Maurya.
It is further submitted that the mango orchard from where the raw material used in the manufacturing of unlawful liquor is stated to have been recovered is also stated to be of co-accused Rajjan Lal and the only evidence which is available against the applicant is his presence in the 'bolero vehicle' and his confessional statement, which could not be proved against the applicant being the same made in the police custody.
It is further submitted that charge-sheet in the matter has already been submitted and the applicant is in jail in this matter since 21.09.2020 and the criminal history of only one criminal case pertaining to the Gangster Act has been shown, which has been lodged subsequent to the instant F.I.R. and only on the basis of instant case. Apart from the above mentioned single criminal case with regard to the Gangster Act, the applicant is not involved in any other criminal case.
It is also submitted that there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty and all offences which have been slapped against the applicant are triable by Magistrate.
Learned A.G.A., however, opposes the prayer for bail of the applicant, but could not controvert the other factual submissions made by the learned counsel for the accused-applicant.
Having regard to the overall facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant-Ishwar Chandra Maurya involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.1.2021 Praveen