Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25070 of 2019 Applicant :- Rajendra Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
This is a bail application on behalf of the applicant Rajendra Jaiswal in connection with Case Crime No.58 of 2019, under Sections 419, 420, 467, 468, 471, 272 I.P.C. & 60, 63 Excise Act & 54, 64 Copyright Act & 103, 104 Trade Mark Act, P.S. Tarya Sujan, District Kushinagar.
The submission of learned counsel for the applicant is that the alleged recovery is totally false and fictitious and there is no public witness of the alleged recovery. He submitted that no chemical examination was conducted of the alleged recovery till date by the prosecution. He further submitted that all the offences except offence under Section 272 I.P.C. is triable by the Court of Magistrate. He further submitted that the applicant is in jail since 07.02.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the bail plea.
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 Rajendra Jaiswal in connection with Case Crime No.58 of 2019, under Sections 419, 420, 467, 468, 471, 272 I.P.C. & 60, 63 Excise Act & 54, 64 Copyright Act & 103, 104 Trade Mark Act, P.S. Tarya Sujan, District Kushinagar be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence and will not indulged in future in any illegal activities regarding making of spurious liquor;
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to as dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 21.6.2019 R./