Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14111 of 2021 Applicant :- Mushvvar Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Srivastava, Advocate holding brief of Sri Rakesh Kumar Srivastava, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 115 of 2020 under Sections 420, 467, 468, 471 IPC and Section 60/63 Excise Act, Police Station Bisrakh, District Gautam Budh Nagar, during the pendency of trial.
Submission made by the learned counsel for the applicant is that police has recovered 10560 pauwa illegal liquor kept in 220 cartons which is stated to have been recovered from a vehicle which was left behind the accused persons. Applicant is not named in the F.I.R.. His name has come into light during investigation. He has no connection with the vehicle from which the recovery is said to have been made. He is in jail since 25.12.2020. He has no other criminal history as stated in paragraph no. 11 of the affidavit. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence, there are no chances of accused fleeing from justice and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Mushvvar Ali involved in aforesaid crime 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 with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 6.4.2021 A.P. Pandey