Court No. - 52
Case :- CRIMINAL APPEAL No. - 4468 of 2017 Appellant :- Mukesh Respondent :- State Of U.P.
Counsel for Appellant :- Kiran Kumar Arora Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the parties.
The instant criminal appeal has been filed by applicant-appellant against the judgement and order dated 27.7.2017 passed by Additional District & Session Judge, court no. 12, Moradabad in S.T. No. 786 of 2015 (State vs. Mukesh) arising out of Case Crime No. 110 of 2014, u/s 272 IPC and section 60 Excise Act, P.S. Majhola, District Moradabad.
The submission of learned counsel for the applicant is that he was falsely implicated in this case by the police. Prima facie offence u/s 272 IPC is not made out against him. A sample from the recovered five litres of illicit liquor was sent for chemical examination in which it is only mentioned that the sample was positive for Urea in chemical examination. There is no report that recovered liquor was noxious or injurious to human health. This is the first offence of the appellant, he was never involved in criminal case in the past. He was on bail during trial, which liberty he never misused. There is no possibility of early disposal of the appeal due to heavy dockets.
In the facts of the case, without expressing anything on the merit of the case I am satisfied that a case for grant of bail to the applicant is made out. The Bail Application is allowed.
Let the applicant-appellant Mukesh convicted and sentenced in the aforesaid session trial, during the pendency of the appeal be released on bail subject to his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of the bail bonds and personal bonds, the lower court shall transmit the photostat copies thereof to this Court for being kept on record of the instant criminal appeal.
The fine awarded by the court below under the impugned judgement shall be deposited by the applicant-appellant before his release on bail. List in due course for hearing.
Order Date :- 28.11.2017 Dhirendra/