Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39980 of 2019 Applicant :- Rahul Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Malviya Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.104 of 2019, under Sections 419, 420, 467, 468, 471 I.P.C. and Section 60/63/72 of Excise Act, P.S. Gahmar, District Ghazipur.
It is submitted by learned counsel for the applicant that 60 bottles wine recovered from the Car of present applicant. The offence is triable by the Court of Magistrate. There is no criminal history against the applicant. He further submitted that he is in jail since 29.08.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
The prayer for bail has vehemently been opposed by learned A.G.A.
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- Rahul Kumar involved in the aforesaid crime 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 with the following conditions :-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. If the applicant would indulge in similar activity in future, the prosecution can move an application for cancellation of bail of the applicant.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.9.2019 SFH