Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24976 of 2019 Applicant :- Purn Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Varun Dev Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
I have perused the prosecution story as set up in the FIR and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicants is that the accused-applicants have been falsely implicated in the present case due to ulterior motive by showing false recovery of alcohol. It is further contended that the recovery as shown is totally false and planted. It is further contended that even if the prosecution story is believed to be true, there was no independent witness to the said recovery. It is next contended that the applicants have no previous criminal history. It is lastly contended that the applicants are in jail since 10.5.2019 and in case applicants are enlarged on bail, they will not misuse the liberty of bail.
The prayer for bail has been vehemently opposed by learned A.G.A.
Considering the submissions made by learned counsel for the applicants as well as learned A. G. A. without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.
In view of the above, let the applicants Puran Singh and Julfqar @ Jillu @ Dilshad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No.144 of 2019, under Section 60(1) Excise Act and Sections 272, 273 IPC, P.S.-Meerapur, District Muzaffar Nagar, subject to the following conditions:
(i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicants will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activity.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 25.6.2019 LN Tripathi