Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30013 of 2019 Applicant :- Shahnawaj And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Dheer Singh Jadaun,Bipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri S.D. Singh Jadaun, learned counsel for the applicants as well as Ms.Seema Shukla, learned AGA for the State and perused the material placed on record It is argued by the learned counsel for the applicants that applicants are absolutely innocent and have been falsely implicated in the present case with some ulterior motive. It is further submitted that alleged recovery of kerosene has been shown from the premises (Ahata) of co-accused of the case, namely Shahid. It is next submitted that applicants have no concern with the alleged recovery. It is also submitted that applicants are in jail since 30.06.2019 as per recovery memo/F.I.R. and as per G.D. applicants have been arrested on 02.07.2019 from Chakiya Tiraha, Mugalsari, Chandauli, which shows that applicants have no knowledge about the black marketing of the Kerosene. It is also submitted that there is no independent witness of the alleged recovery and the applicants have no concern with the alleged recovery. It is next submitted that there is no chance of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. The applicants have no criminal history and they are languishing in jail since 30.06.2019. In case they are enlarged on bail they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, the applicants do not deserve any indulgence. In case the applicants are released on bail they will misuse the liberty of bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case let the applicants Shahnawaj and Mainuiddin Ansari involved in Case Crime No.274 of 2019, under Section 3/7 Essential Commodities Act, Police Station-Ali Nagar, District- Chandauli be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicants' bail.
Order Date :- 26.7.2019/Pr/-