Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 70 of 2021 Applicant :- Kailash Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Madan Singh, learned counsel for applicant, learned A.G.A. for State and perused the record.
This bail application has been filed by applicant Kailash seeking his enlargement on bail in Case Crime No.141 of 2020 under Sections 60, 63, 72 of Excise Act and 420, 467, 468, 471 I.P.C., Police Station- Islam Nagar, District Budaun during pendency of trial.
Perusal of record shows that in respect of an incident which occurred on 5.6.2020, a prompt F.I.R. was lodged by SI Dharmendra Singh, which was registered as Case Crime No.141 of 2020 under Sections 60, 63, 72 of Excise Act and 420, 467, 468, 471 I.P.C., Police Station- Islam Nagar, District Budaun. In the aforesaid F.I.R., one person namely Harpal Singh has been nominated as the sole named accused.
As per the prosecution story as unfolded in the F.I.R., it is alleged that on 5.6.2020, the police received information that illicit liquor was having transported and on that information police trapped vehicle No.UP-24-G-0318 and recovered 806 cartoons of illicit liquor.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned case crime number on account of police rivalry. Applicant is not named in F.I.R., and is in jail since 30.8.2020. Named accused harpal Singh has already been enlarged on bail by this Court vide order dated 21.9.2020, passed in Criminal Misc. Bail Application No.22521 of 2020. It is then urged that applicant is liable to be enlarged on bail on the ground of parity also. Applicant has criminal history to this credit but same has been explained in paragraphs 15 and 16 of the affidavit filed in support of the bail application. There is no possibility of applicant fleeing away from judicial process or tampering with the witnesses and, in case, applicant is enlarged on bail, he shall not misuse the liberty of bail.
Per contra, the learned A.G.A. for the State has opposed the prayer for bail of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. Accordingly bail application is allowed.
Let the applicant- Kailash 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 APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE 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 APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT 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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 6.1.2021 Anil K. Sharma