Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27862 of 2021 Applicant :- Shiv Pratap Singh @ Shiv Pratap Opposite Party :- State of U.P.
Counsel for Applicant :- Lallan Prasad Singh,Ashutosh Singh Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Learned counsel for the applicant has filed supplementary affidavit today which is taken on record.
In supplementary affidavit it is contended that the present bail application has been filed mentioning the applicant's name as Shiv Pratap Singh but in FIR as well as in bail rejection order the applicant's name has been shown as Shiv Pratap, on account of which, the Registry has made report that applicant name not mentioned as per bail rejection order.
In view of the above, learned counsel for the applicant prays for and is permitted to correct the name of applicant in the present bail application as well as in affidavit, as mentioned in bail rejection order, during course of the day.
Heard Sri L. P. Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant- Shiv Pratap with a prayer to release him on bail in Case Crime No.193 of 2021, registered under Sections 272 and 34 I.P.C. and Section 60 of U.P. Excise Act, Police Station Mauranipur, District Jhansi during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant having valid licence to run the Mild and Strong country made liquor shop and the licence is valid up to 31.03.2022. He next argued that the applicant has been arrested from his house and alleged car was taken from his house and false recovery has been shown. There is no independent witness regarding alleged incident as well as no chemical examination report regarding spurious liquor and the same is injury to health. The applicant has no previous criminal antecedents and is languishing in jail since 09.04.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Shiv Pratap, 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 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.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach 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 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 :- 13.8.2021 Nitin Verma