Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55907 of 2019 Applicant :- Rohit Opposite Party :- State of U.P.
Counsel for Applicant :- Vijit Saxena,Atul Kardam,Kuldeep Saxena Counsel for Opposite Party :- G.A
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Atul Kardam, learned counsel for the applicant as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Rohit with a prayer to release him on bail in Case Crime No. 0203 of 2019, under Sections 60/64 Excise Act and 255, 259, 260, 420, 467, 468 and 471 IPC, Police Station -
Doki, District - Agra, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of offences under the Excise Act and other offences under IPC with respect to manufacture and sale of illicit liquor, punishable with imprisonment upto seven years;
(ii) against FIR lodged on 26.06.2019, the applicant is in confinement since 14.11.2019;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) though investigation is stated to be pending, however, at present, no justifiable cause has been shown to continue the detention of the present applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant that the applicant has been falsely implicated;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.12.2019 AHA