Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49047 of 2021 Applicant :- Ram Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Arjit Srivastava,Usha Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant involved in Case Crime No.204 of 2021, under Sections 272, 273, 304, 420, 467, 468, 471, 34, 120-B IPC & 60(A), 60(1), 60(2) of the U.P. Excise Act, Police Station Dauki, District Agra, applied for bail.
Learned counsel for the applicant submits in following manner :-
(i) Applicant is innocent and has been falsely implicated in the present case by the police to show good work. Nothing has been recovered from the possession of the applicant. Alleged recovery is false and fake. There is no any independent witness at the time of recovery.
(ii) Accused is named in the FIR on the basis of suspicion. On being arrested, recovery of one peti liquor has been shown by the police on his pointing out beneath the culvert which was open to all. Applicant is sales man of licensee Jitendra Singh. Deceased Anoop Kumar is alleged to have died by consuming poisonous liquor. Allegation of taking liquor is specifically alleged against three persons in which applicant is not there. Nobody has seen the deceased taking liquor from the applicant and no offence under Section 304 IPC is made out against the applicant. It is a case of no evidence against the applicant.
(iii) Applicant is in jail since 27.08.2021 without any credible evidence and having no criminal history. There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases, trial is not likely to be concluded early in future.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery of liquor at the pointing out of applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Ram Prakash be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 I.A.Siddiqui