Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6323 of 2019 Applicant :- Sachin Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Abhishek Ankur Chaurasia,Diwan Saifullah Khan
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. Basically three grounds have been raised on behalf of the applicant; first, recovery is alleged to have been made from joint possession; secondly, there is no time mentioned in the recovery memo and only 12 buckets of paint allegedly adulterated have been recovered by the police but there is not a single identity on the point of adulteration and the chemical report as was sought to be proved by the prosecution in order to establish its case altogether is missing that neither chemical examination report, whatsoever, has been placed on record nor obtained in the matter.
Supplementary affidavit filed on behalf of the applicant makes it clear that the informant was required to pay Rs.13,000/- for test of each bucket which he failed to pay due to which chemical examination was avoided.
The substratum of the argument is based on fact that in absence of any proof of adulteration of paint, the entire allegations stand falsified. The two firms were roped in by way of joint and suspicious recovery and one happens to be Shyam Paints wherein the co-accused is Deepak @ Deepak Mangal whose bail application being numbered as 2562 of 2019 in the teeth of the huge recovery was heard and allowed by this Court vide order dated 25.02.2019. The applicant does not bear any criminal history and is languishing in jail since 24.10.2018.
Per contra, learned counsel for the informant has vehemently opposed prayer for bail and claimed that in this case, goodwill of the company concerned/informant side has been violated for no worthy purpose and the name of the company has been virtually tarnished in the eye of the public. Insofar as the recovery is concerned, that stands proved in view of the recovery. The joint recovery would not vitiate the nature of the recovery effected from the applicant.
Learned A.G.A. has adopted contention of the learned counsel for the informant.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Sachin Kumar involved in Case Crime No.908 of 2018, under Sections 468, 469, 471, 482 I.P.C., Police Station Dadri, District Gautam Budh Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 26.2.2019 rkg