Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30557 of 2019 Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Akash Mishra, learned counsel for the applicant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the record of the present bail application.
The instant bail application has been filed on behalf of the applicant Pradeep Kumar with a prayer to release him on bail in Case Crime No.137 of 2019, under Sections 272, 420, 467, 468, 471 I.P.C. and 60(1), 63 Excise Act, Police Station- Usrahar, District- Etawah, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per the version of the F.I.R., 422 quarter adulterated liquor, 40 lt. O.P. and other things have been recovered from the joint possession of the accused persons. It is next submitted that false recovery has been planted against applicant to implicate him in the offence, the said recovery has not been witnessed by any independent witness. The applicant was not arrested from the spot, therefore, he has nothing to do with the alleged recovery. It is next submitted that as per recovery memo, there is no mention whether recovered material is intended for sale or it is injurious to health. Co-accused Aman @ Monu, having identical role, has been granted bail by this Court vide order dated 19.07.2019 passed in Crl. Misc. Bail Application No.28910 of 2019. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 29.06.2019. Accordingly, he requests for bail.
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 deserves 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 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 aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(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.
Order Date :- 30.7.2019
Anand Sri./-