Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10385 of 2021 Applicant :- Ravi Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Sunil Kumar, learned counsel for the applicant, and Sri Manuraj Singh, learned A.G.A. for the State-opposite party.
It is contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is further contended that nothing has been recovered from the personal possession or property of the applicant and there is no independent public witness of the alleged recovery. It is next contended that there is no report available on record to show that the alleged liquor recovered was spurious or noxious in nature. It is also contended that since the applicant had refused to pay rent of the community hall of Pandariba, Civil Lines, Aligarh, where he was said to be a tenant, he has been implicated in the present case. The criminal history of the applicant has been explained in Paragraphs-21 to 26 of the affidavit filed in support of the application to the satisfaction of the Court. It is further contended that the applicant is in jail since 22.12.2020 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as averments made in the application..
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant- Ravi, involved in Case Crime No. 602 of 2020, under Sections 60/63 Excise Act and 420, 467, 468, 471, 272, 273 & 120-B I.P.C., Police Station Civil Lines, District Aligarh be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that he:
1. shall appear on the date fixed by the trial court;
2. shall not tamper with the prosecution evidence; and,
3. shall not pressurize the prosecution witnesses.
In case of default of any of the aforesaid conditions, this bail order shall automatically stand cancelled.
Order Date :- 5.4.2021 SKT/-