Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24393 of 2021 Applicant :- Lav @ Malik Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Kumar,Satya Narayan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit, filed today, is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. Applicant is not named in the first information report, which was lodged against co-accused Shyamveer, Vyapari and Ghasi Ram and that applicant was falsely implicated in this case merely on the basis of confessional statement of applicant made before the police. It was pointed out that in fact applicant was arrested in Case Crime No. 714 of 2020, Police Station Sikohabad, District Firozabad and in that case, a false confessional statement of applicant was recorded, wherein involvement of applicant was shown in the instant case. It has been submitted that in the first information report, it has been clearly stated that alleged spurious liquor was purchased from Shyamveer, Vyapari and Ghasi Ram and that there is no evidence that applicant was involved in manufacturing and selling of any spurious liquor. As per alleged confessional statement, it was alleged that applicant along with co-accused Hardesh, Sukhbir, Ramu and Mahesh was indulging in manufacturing of illicit spurious liquor, but no recovery has been shown from the applicant and except confessional statement of applicant, there is no other evidence against him. It has been further submitted that similarly placed co-accused Sukhveer, Haridesh Yadav @ Sushil, Shyamvir, Ram Avtar, Ghasiram, Mahesh @ Batta @ Pappu have already been granted bail by this Court in Criminal Misc. Bail Application No. 19750 of 2021, Criminal Misc. Bail Application No. 17414 of 2021, Criminal Misc. Bail Application No. 17264 of 2021, Criminal Misc. Bail Application No. 24980 of 2021, Criminal Misc. Bail Application No. 7058 of 2021 and Criminal Misc. Bail Application No. 12638 of 2021 vide order dated 14.9.2021, 17.8.2021, 2.8.2021, 2.9.2021, 15.7.2021 and 15.7.2021, respectively. Learned counsel for the applicant submitted that except the above stated Case Crime No. 714 of 2020, applicant has no previous criminal history. However, one case under Gangster Act was imposed upon him after this case. It has been further submitted that now applicant is in jail since 18.12.2020 and that in case, the applicant 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. However, it could not be disputed that except confessional statement of applicant, there is no other evidence is in existence.
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 Lav @ Malik involved in Case Crime No. 180 of 2020, under Sections 272, 304, 420, 468, 471, 120-B IPC and Section 60, 60-A, 63 of Excise Act, Police Station Khairgarh, District Firozabad, 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 :- 27.9.2021 Ravi Prakash