Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49105 of 2021 Applicant :- Prashant Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Ayank Mishra Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed by the applicant- Prashant Chauhan with a prayer to enlarge him on bail in Case Crime No.293 of 2021, under Sections- 60, 62, 72 of Excise Act and U/s 272, 723, 420 IPC, Police Station- Rajepur, District- Farrukhabad.
Learned counsel for the applicant contended that the accused- applicant is innocent and has been falsely implicated. Learned counsel also contended that the accused-applicant is a driver and the recovery alleged to be made from the joint possession of the accused persons is totally false and planted. No role has been assigned to the applicant. There is no independent witness of the alleged recovery. Only general allegations has been slapped on the accused-applicant and nothing has been recovered from the possession of the applicant exclusively. It is also contended that the applicant has no concern with the case and has been falsely implicated with malafide intention. The FIR has been lodged with the only intention to harass and torture the applicant and no offence under Sections- 60, 62, 72 of Excise Act and U/s 272, 723, 420 IPC is made out against the applicant. The applicant having no previous criminal history. The applicant is languishing in jail since 05.09.2021 and further undertakes that he will not misuse the liberty and will co- operate in trial, in case he is released on bail.
Learned A.G.A. vehemently opposed the bail application and submitted that the accused applicant along with co-accused have been intercepted while driving a Bolero Jeep and 11 jerrican containing 490 liters rectified spirit and one jerrycan containing 40 liters of adulterated illicit liquor along with 2 kg urea have been recovered. The accused applicant has been arrested on the spot. The Forensic Science Laboratory (FSL) report is still awaited.
Considering the rival submissions of the parties, facts and circumstances of the case, nature and gravity of the offence, severity of punishment, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail.
Accordingly, bail application is allowed.
Let the applicant- Prashant Chauhan involved in 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:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he shall not indulge in any criminal activities.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 22.12.2021 C. MANI