Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35435 of 2019 Applicant :- Munib Paswan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Kumar Shukla,Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Food Safety and Standards Act, 2006 has been enacted by the legislature and hence the implication of the applicant under section 272, 273 I.P.C. is unjustified. Offence under sections 60 (1) (घ)(D) (ड़)(E)/63 of Excise Act is bailable and trible by Magistrate. False recovery has been alleged. The applicant is languishing in jail since 21.7.2019, who is not a previous convict.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the 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, Munib Paswan, involved in Case Crime No.241 of 2019, under Sections 272, 273 IPC and Section 60 (1) (घ)(D) (ड़)(E)/63 Excise Act, Police Station Bairiya, District- Ballia, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 they are accused, or suspected of the commission of which they are 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 conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 29.8.2019 Ruchi Agrahari