Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28719 of 2021 Applicant :- Netrapal Opposite Party :- State of U.P.
Counsel for Applicant :- Sachin Dubey,Surendra Nath Dubey Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No. 127 of 2021, under Sections 60 /60A Excise Act and Sections 420, 467, 468, 471 I.P.C. at Police Station Achhnera, District Agra.
Contention of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Applicant has neither arrested on the spot nor any incriminating article has been recovered on his pointing out. The alleged recovery of illicit liquor and other materials for preparation of illicit liquor, as shown in the first information report from the joint possession of the other co-accused, is made without complying the mandatory provisions of Section 100 Cr.P.C. It is further submitted that co-accused Pradeep who arrested on the spot has already been granted bail by the co-ordinate Bench of this Court vide order dated 10.08.2021 passed in Criminal Misc. Bail Application No. 24235 of 2021. It is further submitted that criminal history of two cases against the applicant have been shown in Para- 2 and 3 of the supplementary affidavit. The applicant is languishing in jail since 27.05.2021 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant- Netrapal involved in the above mentioned case 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:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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 the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 13.8.2021 AKT