Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39075 of 2019 Applicant :- Rahul And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Upadhyaya Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime No. 280 of 2019, under Section 63/72 Excise Act and section 420 I.P.C., P.S. Khandauli, district-Agra, are seeking enlargement on bail during the trial.
As per first information report 96 bottles of 375 ml. and 240 bottles of 180 ml. were recovered from the Santro car, bearing no. DL 8C N 4791, in which accused persons were travelling.
Learned counsel for the applicant submitted that the applicants are absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Nothing has been recovered from the applicants' possession. The recovery which has been shown from the applicants is totally fake and false. There is no public witness of the alleged recovery. Further submission is that all the offences are triable by the court of Magistrate. He lastly submitted that the applicants have no criminal history and they are languishing in jail since 21.8.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicants are entitled to be enlarged on bail during the pendency of the trial.
released on bail on their executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
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 :- 30.9.2019 Faridul