Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34209 of 2019 Applicant :- Prashant Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Vikrant Neeraj,Chandrakesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 443 of 2019, under Sections 419, 420, 467, 468 IPC and Section 63 of Excise Act, P.S. Delhigate, District Aligarh.
The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case. It is further contended that no spurious liquor has been recovered from his house and his possession and only empty bottles were recovered from his possession. It is further contended that all the offences are triable by the Court of Magistrate. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 15.7.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Prashant Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.8.2019 Mini