Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30083 of 2019 Applicant :- Shankar Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Tripathi B.G. Bhai Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Tripathi B.G. Bhai, learned counsel for the applicant and Sri P.K. Shahi, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant- Shankar Lal with a prayer to enlarge him on bail in Case Crime No. 444 of 2019, under Sections 60, 62, 63, 72 of Excise Act and Sections 272, 273, 420, 467, 468, 471 and 120-B I.P.C., Police Station-Vrindavan, District-Mathura, during the pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per the version of the F.I.R., 55 quarters illicit liquor, 2 katta, urea and other items have been recovered from the joint possession of ten accused persons including the present applicant. It is next submitted that false recovery has been planted against the accused persons including the applicant to implicate them in the offence, the said recovery has not been witnessed by any independent witness. Though the applicant was arrested from the spot but has nothing to do with the alleged recovery. As per recovery memo, there is no mention whether recovered material is intended for sale or it is injurious to health. It is further argued that the co-accused, namely, Harendra @ Gaurav and Rajkumar @ Pintoo have already been enlarged on bail by this Bench vide order dated 11th July, 2019 passed in Criminal Misc. Bail Application No. 27708 of 2019. The case of the present applicant is also similar and identical to that of the aforesaid co-accused. As such, the present applicant is also liable to be enlarged on bail. The applicant has no criminal antecedents to his credit except the present one. It is next contended 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. The applicant is in jail since 28th May, 2019.
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, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(Manju Rani Chauhan, J.) Order Date :- 31.7.2019 Sushil/-