Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16208 of 2021 Applicant :- Neksu Opposite Party :- State of U.P.
Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Neksu, in connection with Case Crime No. 552 of 2020, under Sections 420, 467, 468, 471, 272, 273 IPC, Police Station Kalan, District Shahjahanpur.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State.
It is submitted by the learned Counsel for the applicant that he has been falsely shown arrested from the house of co-accused Manoj Kumar wherefrom it is claimed that a consignment of illicit and spurious liquor was recovered. It is submitted that the applicant was arrested from his house and a false recovery memo has been drawn regarding which, there is no independent witness of the public associated by the police. It is further contended that co-accused Manoj Kumar, from whose house recovery of illicit liquor has been shown has been admitted to bail by Hon'ble Vivek Kumar Verma, J. vide order dated 17.03.2021, passed in Criminal Misc. Bail Application No.11714 of 2021, entitling the applicant to the benefit of parity. The applicant has a criminal history of two cases, which he has explained in paragraph No.10 of the affidavit. The applicant is in jail since 23.12.2020.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the applicant prima facie was not arrested from Manoj Kumar's house, but from his home, the fact that there is no public witness of the recovery associated by the police, the fact that co-accused Manoj Kumar has been admitted to bail, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Neksu, in connection with Case Crime No. 552 of 2020, under Sections 420, 467, 468, 471, 272, 273 IPC, Police Station Kalan, District Shahjahanpur, be released on bail on executing his 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 shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(viii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the prosecution would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression of opinion on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led, unaffected by anything said in this order.
Order Date :- 8.4.2021 NSC