Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23029 of 2021 Applicant :- Lalit Kumar Uttam Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence and has been falsely implicated in the present case. It is submitted that as per prosecution version 26 cartons of illicit liquor are shown to have been recovered from the vehicle, which was being driven by the applicant. It is argued that the applicant is merely driver of the said vehicle and he has no concern with the allegedly recovered liquor. It is next argued that there is no such expert report that the alleged recovered liquor was spurious or adulterated. It is further argued that there is no independent witness of the alleged recovery. It is further submitted that the applicant is languishing in jail since 17.4.2021 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Lalit Kumar Uttam involved in Case Crime No. 32 of 2021, under Sections 420, 467, 468, 471 of IPC and Sections 60/63/72 Excise Act, Police Station Aung, District Fatehpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.10.2021 Faraz Digitally signed by RAJBEER SINGH Date: 2021.10.29 18:42:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad