Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23440 of 2019 Applicant :- Shahzad Opposite Party :- State Of U.P.
Counsel for Applicant :- Ranvijay Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard Mr. Ranvijay Chaubey, learned counsel for the applicant as well as Mr. Om Narain Tripathi, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that alleged liquor was recovered from a truck and police left the actual culprits in lieu of some consideration and applicant, who is a labourer has been falsely implicated in this case. In fact no such recovery was effected from the possession of the applicant. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 31.03.2019. He does not have any criminal history to his credit. In case, the applicant is released on bail he will not misuse the liberty of bail. Co-accused Akhlak with same degree of accusation has already been enlarged on by a coordinate Bench of this Court vide order dated 15.5.2019 passed in Criminal Misc. Bail Application No. 19390 of 2019. Hence bail has been prayed for.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Shahzad, involved in case crime No. 171 of 2019, under section 60/63 of U.P. Excise Act, PS Jhinjhana, district Shamli, 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 that:
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above 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.
Order Date :- 4.6.2019 Pcl