Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16798 of 2021 Applicant :- Keshav @ Habba Kabutara Opposite Party :- State of U.P. Counsel for Applicant :- Ruchita Jain Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Ms. Sri Ruchita Jain, learned counsel for the applicant; learned A.G.A. for the State and perused material on record .
The present bail application has been filed on behalf of applicant Keshav @ Habba Kabutara, under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 0001 of 2021 under Sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at Police Station Katera, District Jhansi, during pendency of the trial.
It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. In gang-chart which is annexed as Annexure No. 2, three criminal cases are shown being Case Crime No. 107 of 2020 under Sections 60 (2) of the Excise Act, Case Crime No. 114 of 2020 under Sections 272, 273, 120B I.P.C., and Section 60 (2) of the Excise Act, Case Crime No.
56 of 2017 under Sections 60 (2) of the Excise Act, all the aforesaid criminal cases were registered at Police Station Katera, District Jhansi, in which applicant has been enlarged on bail by court below, copies of the bail orders are annexed as Annexure No. 3, 4 and 5 to the affidavit. Apart from the Gang- Chart, four other criminal cases being Case crime no. 186 of 2010, under Sections 60/72 of the Excise Act and Sections 272, 273 I.P.C., P.S. Katera, District, Jhansi, Case crime no. 54 of 2012, under Sections 60 of the Excise Act, Katera, District Jhansi, Case crime no. 353 of 2015, under Sections 392, 411 I.P.C., Nawada, District Jhansi and Case crime no. 38 of 2015, under Sections 356, 379, 411 of I.P.C., P.S. Sadar Bazar, District Jhansi, in which the applicant has been granted bail by the court below.
It is further submitted that the applicant roped in five cases relating to Excise Act registered at same police stations in the year 2010, 2012, 2017, and 2020. It is next submitted that no incriminating article was recovered from his possession or pointing out of the applicant, alleged recovery of liquor was made without complying the mandatory provisions of Section 100 Cr.P.C. It is also submitted that the applicant is a very poor labour working in village having family; his wife has filed supplementary affidavit.
It is further submitted that the applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 05.02.2021 undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A. has opposed the prayer for bail and has not pointed out any other criminal case except the aforesaid criminal case.
Upon considering the totality of facts, nature and evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed.
Let applicant, Keshav @ Habba Kabutara, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
(i) 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 or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant 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 of Cr.P.C.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
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 :- 30.9.2021 aks