Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43755 of 2021 Applicant :- Mubarik Opposite Party :- State Of U.P Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The recovery of the liquor is alleged to have been made from the joint possession. Similarly circumstanced another co-accused - Rizwan has already been admitted to bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 35987 of 2021 on 28.09.2021. Copy of bail order has been produced by learned counsel for the applicant, the same is taken on record. Criminal history of the applicant has been satisfactorily explained by the applicant in paragraph no.9 to the affidavit filed in support of this application. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 28.06.2021.
Learned A.G.A. has opposed prayer for bail.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Mubarik involved in Case Crime No. 346 of 2021, under Sections - 60 Excise Act & 272, 273 I.P.C., Police Station - Kairana, District - Shamli 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 with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.10.2021 S Rawat Digitally signed by ARVIND KUMAR MISHRA Date: 2021.10.30 14:44:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad