Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40930 of 2018 Applicant :- Lavkesh Pandey @ Golu Pandey And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Pandey,Vivekanand Rai Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for the State.
Learned counsel for the applicants submitted that the applicant is a student and he has not committed any offence but the police only to increase the gravity of offence implicated the applicant in the present case. The recovery which is said to have been made from the applicants is planted one. There is no independent witness of the alleged recovery. He next submitted that no chemical examination report available on record which indicate that the liquor which was found from the possession of the applicant is liquor or whether the same is noxious or not. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the court. Further submission is that applicants who are in jail since 4.9.2018 has no other criminal history and there is also no possibility of their either fleeing away from the judicial process or tampering with the witnesses. Applicants also undertake that they will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer for bail.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let the applicants Lavkesh Pandey @ Golu Pandey and Vimlesh Tiwari be released on bail in Case Crime No. 102 of 2018, under Sections 272, 273 I.P.C. and Section 60(1)(A) Excise Act, P.S. Narahi, district-Ballia on their furnishing personal bond and two heavy local sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicants will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants will not indulge in any unlawful activities. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
Is is also directed that the applicants shall deposit a sum of Rs. one lac each before the District Excise Officer, Ballia within a period of 15 days from his release.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 26.10.2018 Faridul