Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36489 of 2019 Applicant :- Ravindra Opposite Party :- State Of U.P.
Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Ashok Kumar Singh, learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The applicant-accused was not apprehended on the spot and nothing incriminating has been recovered from the possession or on his pointing out. Applicant has no concern from the concerned vehicles. He is neither owner/conducter nor driver of the alleged vehicle. Applicant has no previous criminal history. The applicant undertakes that he will not misuse the liberty of bail. The applicant is languishing in jail since 03.07.2019.
Learned A.G.A. vehemently opposed the prayer of bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant - Ravindra be released on bail in Case Crime No.252 of 2018, under Section 60(1), 63, 72 Excise Act, P.S. Pilua, District- Etah, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.9.2019 Rahul.