Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22877 of 2021 Applicant :- Shivkumar Jaiswal Opposite Party :- State of U.P.
Counsel for Applicant :- Romeshwari Prasad,Devendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Romeshwari Prasad, 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. 45 of 2021, under Sections 420 I.P.C., and Section 63 of Excise Act, P.S. Mant, District Mathura, is seeking enlargement on bail.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in this very case crime number. As per the FIR, at the time of the incident, the applicant was the driver of the truck who was found carrying 2400 bottles of 750ml, 1200 bottles of 375ml, 14,400 bottles of 180ml of illicit liquor by the name of 'Blue Stroke Reserve Whiskey' for sale in Arunachal Pradesh. It is further submitted that the applicant is simply a driver and the owner of the truck is one Kishore Sadashiv Bangar. It is also submitted that the truck was handed over to the applicant for transportation and was sealed as a result thereof the applicant was not aware of the contents of the truck. It is next submitted that the offence is triable by Magistrate. Applicant is of no criminal antecedents as stated in paragraph no. 24 to the affidavit filed in support of the bail application. The applicant is languishing in jail since 20.3.2021. 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, Shivkumar Jaiswal 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 :- 22.9.2021 Sweety Digitally signed by Justice Rajiv Joshi Date: 2021.09.22 16:43:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad