Heard learned counsel for the applicant, learned Additional Government Advocate and perused the record.
The accused-applicant is involved in F.I.R. No.67 of 2021, under Sections 420, 467, 468, 471, 272, 273 IPC & Section 60/63 of Excise Act, P.S. Manikpur, District Pratapgarh.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated. He has not committed any offence as alleged in the FIR. The alleged recovery of illicit liquor has no independent witness.
It is also submitted that the applicant does not have any previous criminal history, however, he has been roped in Case Crime No.49 of 2021, under Sections 420, 467, 468, 471, 272, 273 IPC, Sections 60(2), 63, 60Ka of Excise Act, Section 63Ka of Copyright Act & Sections 103, 104 of Vyapar and Panya Vastu Chinh Adhiniyam, 1958, P.S. Hathigawan, District Pratapgarh, after registration of the instant FIR, in which he has already been enlarged on bail vide order dated 15.06.2021 by the Court below.
It is further submitted that the investigation has been completed. Charge sheet has been filed on 08.05.2021. The applicant is languishing in jail since 16.03.2021. It is submitted that there is no apprehension of the applicant influencing the witness, tampering the evidence or fleeing from judicial process. In case he is released on bail, he undertakes to abide by all the conditions and not to misuse the liberty of bail.
Learned Additional Government Advocate has opposed the prayer for bail and submitted that the applicant has been involved in similar nature of offence and if released on bail, he may commit an offence again. However, he has not contradicted the aforesaid facts as stated by learned counsel for the applicant.
Taking into consideration the facts that there is no independent witness of the alleged recovery, charge sheet has been filed and that no apprehension of applicant influencing the witness, tampering the evidence or fleeing from judicial process has been shown by learned Additional Government Advocate during the course of argument, however, without expressing any opinion on merits, this Court finds it a fit case for grant of bail. Thus, the instant bail application is allowed.
Let the applicant Shyam Babu Shukla be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties required by the Court below concerned with the following conditions:
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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.
3. In case, the applicant misuses the liberty of bail 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.
4. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 25.8.2021 nishant/-