Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30235 of 2019 Applicant :- Rekha Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Raghuraj Singh, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Rekha with a prayer to release her on bail in Case Crime No. 263 of 2019, under Section 272 I.P.C. and Section 60(2) Excise Act, Police Station- Fafund, District- Auraiya, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. As per the version of the F.I.R., 5 liters illicit liquor, 100 liters raw material of liquor, one canister and 250 gm urea has been recovered from the possession of the applicant. It is next submitted that false recovery has been planted against applicant to implicate her in the offence, the said recovery has not been witnessed by any independent witness. Though the applicant was arrested from the spot but has nothing to do with the alleged recovery. The applicant is languishing in jail since 28.06.2019. The applicant has no criminal antecedent in his credit. In case, she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserve any indulgence. In case the applicant is released on bail she will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
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 :- 30.7.2019 Priya