Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46517 of 2019 Applicant :- Phullu @ Phool Singh And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Bhushan Prasad Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Vipin Kumar, learned Advocate, holding brief of Sri Chandra Bhushan Prasad, learned counsel for the applicants; as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicants - Phullu @ Phool Singh & Sunil Kumar with a prayer to release them on bail in Case Crime No. - 440 of 2019, under Sections -272, 273, I.P.C. & 60(1), 63 Excise Act, Police Station -Bhopa, District -Muzaffar Nagar, during pendency of trial.
4. Having heard learned counsel for the parties, at present :
(i) the applicants are accused of preparation of spurious liquor and violation of Excise Act, punishable with imprisonment upto life;
(ii) against FIR lodged on 31.08.2019, the applicants are in confinement since 01.09.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) as to criminal history, it has been submitted that earlier the applicants had been implicated in another false case wherein they have been enlarged on bail;
(v) though investigation is pending, the test report of the sample has yet not been prepared;
(vi) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicants, if enlarged on bail would either tamper with the evidence or delay the trial.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicants involved in the aforesaid crime be released on bail, on their furnishing a personal bond and two heavy sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.11.2019 S.Chaurasia