Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28097 of 2021 Applicant :- Rajesh Kumar And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Singh Yadav,Sanjay Yadav Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicants and learned AGA for the State.
The accused- applicants are involved in Case Crime No. 131 of 2021, under Section 60 Excise Act and Section 420, 467, 468, 469, 471, 259, 260 IPC, registered at Police Station Bagwala, District Etah.
Learned counsel for the applicants have submitted that the applicants have been falsely implicated in the present case. It is further submitted that applicants are the salesman of the said wine shop from where the alleged recovery is said to have been made. It is submitted that nothing has been recovered from the possession of the applicants and there is no independent witness to corroborate the alleged recovery. The applicants are in jail since 08.06.2021, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicants.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicants, Rajesh Kumar and Prem Kumar involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance are exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 12.8.2021 SK Srivastava