Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36137 of 2021 Applicant :- Pradeep Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Piyush Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Vivek Kumar Singh, learned counsel for the applicant, Sri Azad Singh, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant- Pradeep Gupta with a prayer to release him on bail in Case Crime No. 67 of 2021, under Section 60/63, 72 Excise Act, Police Station- Kotwali Mohammadabad, District- Farrukhabad, during pendency of trial.
Learned counsel for the applicant has submitted that applicant has falsely been implicated in the present case. It is alleged that ten peties liquor were recovered from the applicant. Alleged recovered liquor was being transported from District Sirmaur (Himachal Pradesh) to Arunachal Pradesh with valid transport tax invoices, valid R.C. in the name of Kulvinder Singh and other papers of the truck, copies of Form L36, Tax invoices, D.L. of the Driver, Registration Certificate of the truck National Permit, fitness certificate and Insurance of the truck. It is also submitted that no illegal recovery has been made from the possession of the applicant. There is no public witness of the alleged recovery. The co-accused has already been granted bail. The applicant has no criminal history. The applicant is languishing in jail since 03.08.2021, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative(s)/counsel of the applicant along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
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.
Order Date :- 22.9.2021 Priya