Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28953 of 2021 Applicant :- Karu @ Satyapal Opposite Party :- State of U.P.
Counsel for Applicant :- Bhaiya Ram Maurya Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
This is a bail application on behalf of the applicant in connection with Case Crime No.287 of 2021, under Sections 272 I.P.C. and section 60 Excise Act, Police Station Kuraoli, district Mainpuri.
The first information report of this incident was lodged by the the Sub Inspector, Sri Ajay Singh Malik against the present accused and it was mentioned in the FIR that when the police team caught him, about 40 liters illegal raw liquor and 100 grams urea were recovered from the accused. It was stated by the accused that he mixes the urea in the liquor to enhance the intensity.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. Learned counsel for the applicant has submitted that as no chemical examination report was sought before arresting the accused and how liquor was found to be noxious, is not known. Learned counsel for the applicant has further submitted that there is no public witness of the alleged recovery. There is criminal history of one case against the accused-applicant in which he has been granted bail, details of which is mentioned in paragraph no. 13 of the affidavit filed in support of the bail application. He submitted that the applicant is languishing in jail since 05.06.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, period of detention in jail but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Karu @ Satyapal involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 26.10.2021 AU