Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56359 of 2019 Applicant :- Sandip Walia And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Raghuraj Kishore Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
By means of this application, the applicants, who are involved in case crime no. 375 of 2019, under Sections 259, 419, 420, 467, 468, 469, 471 IPC and 60 Excise Act, P.S. Gagalheri, District-Saharanpur, are seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicants that applicants are salesman on the wine shop of co-accused Aman Yadav. On 2.11.2019 at about 6.20 P.M. raid was conducted at the wine shop in question and from the shop 36 pouches illegal liquor, five litre spirit and three litre rectified spirit were recovered. As per prosecution case, on the recovered pouches, name of manufacturer was mentioned as Ashwani Cooperative Company Limited Distiller, Saharanpur, whereas after scanning of QR Code, it was found that name of manufacturer is Sir Sadilal Distillery Chemical Verman, Mansoorpur, Muzzafarnager in place of Ashwani, as such allegation is that duplicate liquors were being sold from the said wine shop. The main substratum of arguments of learned counsel for the applicant is that applicants are salesman on the said shop. They are not beneficiary in any manner, as they are neither the owner of the shop nor recovered material. It is also pointed out that applicants have no criminal history. The applicants are languishing in jail since 3.11.2019 and the applicants undertake that in case they are released on bail, they will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicants have made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Sandip Walia, Nadim and Rikki, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants 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 applicants will not indulge in any unlawful activities.
(iv) The applicants 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 applicants to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 18.12.2019 AK Pandey