Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16307 of 2021 Applicant :- Kush Rathor Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant - Kush Rathor, in connection with Case Crime No. 76 of 2021, under Sections 420, 467, 468, 471, 272, 273 I.P.C. and Section 60, 60(Ka), 63, and 72 of Excise Act, Police Station - Tajganj, District - Agra.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
It is submitted by the learned Counsel for the applicant that there are common allegations against the applicant and ten other co-accused, relating to apprehension during a raid conducted by the police party in a premises where spurious liquor is alleged to have been recovered from the joint possession of all the accused. It is submitted that co-accused Rajkumar, with an identical role, has been admitted to bail by Hon'ble Subhash Chandra, J. vide order dated 05.04.2021 passed in Criminal Misc. Bail Application No.15493 of 2021. Likewise, co-accused Saurabh has been admitted to bail by His Lordship in Criminal Misc. Bail Application No.15913 of 2021 vide order dated 05.04.2021, entitling the applicant to the benefit of parity. It is submitted by learned counsel for the applicant that the applicant has no criminal history, as asserted in paragraph No. 15. He is in jail since 08.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there are common allegations against as many as eleven accused, including the applicant, the fact that the other co-accused apprehended by the police on the spot have been admitted to bail, the fact that co-accused Saurabh and Rajkumar have been admitted to bail, the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Kush Rathor in connection with Case Crime No. 76 of 2021, under Sections 420, 467, 468, 471, 272, 273 I.P.C. and Section 60, 60(Ka), 63, and 72 of Excise Act, Police Station - Tajganj, District -Agra, be released on bail on executing his 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.
(vi) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of the order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the condition(s) enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
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 of opinion on the merits of the case. It is further clarified that 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.
Order Date :- 7.4.2021 I. Batabyal