Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32562 of 2018 Applicant :- Pramod Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Certified copy of the FIR filed today by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The Applicant is stated to be a Home Guard.
It has been argued that the applicant was travelling in the vehicle wherein the unauthorized liquor was being transported. It has also been alleged that all the accused are involved in making spurious liquor.
The argument is that the applicant has been falsely implicated in this case. He has no criminal history to his credit and is in jail since 15.6.2018.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Pramod Kumar involved in Case Crime No.543 of 2018, under Sections 272, 411, 413, 414, 420, 467, 468, I.P.C. & Section 60 of Excise Act, Police Station Friends Colony, District Etawah 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 applicant 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 27.8.2018 T. Sinha