Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32952 of 2018 Applicant :- Satish Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Amarjeet Yadav Counsel for Opposite Party :- G.A. Hon'ble Bachchoo Lal,J.
Counter affidavit filed on behalf of State is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is the driver of the alleged vehicle DCM. The owner of the vehicle Shamim @ Rustam Malik who was sitting in another vehicle Maruti Swift Car fled away. It has further been submitted that the recovery of 410 boxes of liquor, three bags of Nasaadar, urea and fitkiri have been shown from the vehicle DCM. In fact, the applicant has no concern with the alleged recovered material. There is no independent witness of the alleged recovery. The offence under Sections 272 and 273 I.P.C. does not make out. There is no evidence to show that the recovered liquor was adulterated and noxious to the health of public. The applicant has been falsely implicated in the present case due to being driver of the alleged vehicle. The co-accused Deepak Chauhan has already been released on bail by another bench of this court vide order dated 7.9.2018. There is no criminal history of the applicant and is in jail since 19.7.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Satish Kumar Singh involved in Case Crime No. 81 of 2018, under Section 60 and 63 of Excise Act and Sections 272 and 273 IPC Police Station Haldi District Ballia 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 will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.10.2018/Gss