Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14630
of 2021
Applicant :- Sanni @ Arjun
Opposite Party :- State of U.P.
Counsel for Applicant :- Jagdish Prasad Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the material on record.
Order on Criminal Misc. Exemption Application No. 1 of 2021 This exemption application is allowed.
Order on Criminal Misc. Bail Application The present bail application has been filed by the applicant Sanni @ Arjun with a prayer to enlarge him on bail in Case Crime No.05 of 2021, under Sections 60(1), 72 Excise Act and 63, 65 Copy Right Act, 1957 and 420 467, 468, 471 IPC, P.S.
Mansoorpur, District Muzaffarnagar.
Learned counsel for the applicant submits that identically placed three co-accused, namely Ajay Kumar @ Baba, Gautam Karnwal and Gaurav @ Gola have already been enlarged on bail vide orders dated 17.03.2021 and order dated 26.03.2021 in Criminal Misc. Bail Application Nos. 14914 of 2021, Criminal Misc. Bail Application No. 14949 of 2021 and Criminal Misc. Bail Application No. 14828 of 2021 respectively, therefore, applicant is entitled for bail on the ground of parity. He further submits that no any independent witness has been supported the prosecution case except the police personnel. Therefore, implication of the applicant is totally false and frivolous and the police has prepared the false recovery memo against the applicant. The criminal history of applicant has been explained in paragraph no. 24 of the affidavit filed in support of bail application. He also submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 08.01.2021.
Learned A.G.A has vehemently opposed the prayer for grant of bail but could controvert the above facts.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the applicant Sanni @ Arjun 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:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the 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.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 5.4.2021 Vikram