Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33127 of 2018 Applicant :- Manish Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardhan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Manish Singh seeking bail in Case Crime No. 129 of 2018, under Sections 60 (1) A, B, 63 of Excise Act and Section 272, 273 I.P.C., P.S. Sikandarpur, District Ballia.
Learned counsel for the applicant has submitted that the applicant along with two other accused persons namely Punukdeo Yadav and Kunnu Yadav has been nominated as accused in the FIR however, they have not been arrested from the place of occurrence and police have shown to have recovered 2 Kg. of Urea and liquor from the place of incident. Learned counsel for the applicant has further submitted that co-accused Punukdeo Yadav has already been granted bail by this Court in Criminal Misc. Bail Application No. 28649 of 2018 vide order dated 25.09.2018.
He has further submitted that the applicant is in jail since 19.07.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. He has next submitted that the applicant has no criminal history to his credit.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that similarly placed co- accused has already been granted bail and that the applicant is in jail since 19.07.2018.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant Manish Singh, be released on bail in Case Crime No. 129 of 2018, under Sections 60(1) A,B, 63 Excise Act and Section 272,273 IPC, Police Station- Sikanderpur, District- Ballia, on his furnishing a personal bond and two sureties (Rs. One Lac each) (One should be of a family member) subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 applicant to prison.
Order Date :- 30.10.2018 Arun Gangwar