Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40724 of 2018 Applicant :- Pankaj Kumar Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Rai,Sri Kamal Krishna, Senior Advocate Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Kamal Krishna, Senior Advocate appearing on behalf of applicants, Sri D.N. Tiwari, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Furkan, Ritesh Kumar, Pankaj Kumar Singh and Santosh Singh alleging that on 29.8.2018 they were arrested by the police and recovered 342 crates (peti) illegal wine.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Offence under Sections 419, 420, 467, 468, 471 IPC is not made out against the applicants. There is no independent witness and no legal evidence against the applicants. They are languishing in jail since 29.8.2018 (near about two months) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicants Pankaj Kumar Singh and Ritesh Kumar involved in Case Crime No. 155 of 2018, under Sections 60, 63, 72 of Excise Act & Section 419, 420, 467, 468, 471 IPC, Police Station Ubhaon, District Ballia be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 applicants 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 court below shall be at liberty to cancel the bail.
Order Date :- 26.10.2018 A. Singh