Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15066 of 2021 Applicant :- Rajesh Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Supplementary affidavit filed by learned counsel for applicant in Court today is taken on record.
Heard Mr. Manoj Kumar Gupta, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This application for bail has been filed by applicant Rajesh seeking his enlargement on bail in Case Crime No.20 of 2021, under sections 420, 467, 468 IPC and 60(1) Excise Act, P.S. Katra , District Shahjahanpur during pendency of trial.
Record shows that in respect of an incident which is alleged to have occurred on 10.01.2021, a delayed F.I.R. dated 11.01.2021 was lodged by first informant Farjand Ali and was registered as Case Crime No.20 of 2021, under sections 420, 467, 468 IPC and 60(1) Excise Act, P.S. Katra , District Shahjahanpur. In the aforesaid F.I.R. as many as three persons namely, Rajesh (applicant herein), Saurabh and Arvind have been nominated as named accused.
According to prosecution story as unfolded in FIR, it is alleged that accused were bottling foreign liquor illegally which has resulted in loss of revenue to the State.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned Case Crime Number. Applicant is not named in the F.I.R. Applicant is in jail since 11.01.2021 as such he has been under incarceration for more than three months. It is lastly contended that applicant is simply an employee. Mohit Gupta is licensee of Indian made Foreign Liquor. Applicant has criminal history of only two cases, which stands explained by means of supplementary affidavit filed today.
There is no possibility of applicant fleeing away from the judicial process or tampering with the witnesses. In case, applicant is enlarged on bail, he shall not misuse the liberty of bail. On the aforesaid factual premise, it is thus urged that applicant is liable to be enlarged on bail.
Per contra, learned A.G.A. has opposed the prayer for bail.
Having heard learned counsel for applicant, learned A.G.A. for state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused accusation made and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant, Rajesh, involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.4.2021 Ashish Pd.