Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34653 of 2021 Applicant :- Satish Kumar Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atipriya Gautam,Ishir Sripat,Vijay Gautam(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Ishir Sripat, learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant, who is involved in Case Crime No. 242 of 2021, under Sections 272, 273, 420, 467, 468, 471 I.P.C. and under Sections 60/63 of Excise Act, P.S. Kotwali, District Ballia, is seeking enlargement on bail.
As per the prosecution case, the FIR was lodged against eight accused persons including the applicant to the effect that the police persons raided the premises which is located behind Amrit Pali Beer shop, on the basis of information given by the informant (Mukhbir) to the effect that there are some persons who are indulged in some illegal activities being carried out and when the police raided the accommodation, it was found that two persons namely, Manoj Chaurasiya and Deepak Pasi, were filling 14 plastic drums with unknown liquid. Upon enquiry it was informed that the drums contain spirit and the applicant and other co-accused is alleged to have mixed chemicals and other toxic substances in the spirit, labelled that mixture as 'Crazy Romeo Alcohol' from Arunachal Pradesh, and supplied it in Bihar. It is also alleged in the FIR that on the spot 6 drums of spirit, 51 cartons each containing 48 bottles of 200 ML labelled 'Crazy Romeo Alcohol' for sale in Arunanchal Pradesh, and whiskey 180 ML, NV, pump machine with plastic pipe, around 400 180 ML empty bottles, Homoeopathic Chemical dilution 56 cartons each containing 20 bottles labelled as homoeopathic medicine dilution, 200 cardboard, 200 plain cartons, 1 blue plastic drum with a tap at the bottom, 20 liter water bottle, jar filled with chemical another jar filled with red colour chemical, a plastic mug, a tub and a plastic strainer were found. It is submitted by learned counsel for the applicant that the alleged recovery is false and fabricated for which there is no independent eye witness. It is next submitted that the premises belong to the applicant that is why he was implicated in this case. The offence is triable by Magistrate. It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. Applicant is of no criminal antecedents and is languishing in jail since 30.6.2021. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Satish Kumar Verma, who is involved in 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 27.9.2021 Sweety