Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40040 of 2019 Applicant :- Kuldeep Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 199 of 2019, under Section 60(1), 72 Excise Act and Sections 420, 467, 468, 471, 259 and 120B I.P.C., P.S. Charthawal, district- Muzaffarnagar, is seeking enlargement on bail during the trial.
There is allegation in the FIR that certain spurious liquor was seized from the licenced shop of the present accused.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Nothing has been recovered from the applicant or on his pointing out. He next submitted that neither any sample of liquor was collected nor any chemical examination report is on the record, which may show that the sized liquor is adulterated. Further submission is that other co-accused Neeraj and Mohit, salesman of the liquor shop of the present accused have already been enlarged on bail by this Court as well as another Bench of this Court vide orders dated 30.7.2019 and 5.8.2019 passed in Criminal Misc. Bail Application Nos. 30246 of 2019 and 31382 of 2019. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 16.8.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Kuldeep involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.9.2019 Faridul