Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40244 of 2018 Applicant :- Shyam Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Anoop Trivedi,P.K. Singh Counsel for Opposite Party :- G.A.,Brijesh Kumar Yadav
Hon'ble Rajul Bhargava,J.
Heard Sri Anoop Trivedi and Sri P.K. Singh, learned counsel for the applicant, Sri Brijesh Kumar Yadav,learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Shyam Gupta in Case Crime No.218 of 2018, under Sections 272, 273, 304 and 328 I.P.C. and 60(A) of Excise Act, Police Station Sachendi, District-Kanpur Nagar with the prayer to enlarge him on bail.
As per the prosecution case, an F.I.R. was lodged against the licensee of countrymade liquor shop and his salesman alleging therein that they were indulged in sale of spurious countrymade liquor on account of which several persons have lost their lives and some of them have been hospitalized after consuming it. The submission of the learned counsel for the applicant is that the applicant is not named in the F.I.R. Though certainly it is an unfortunate incident in which certain unscrupulous persons have been indulged in manufacturing and sale of spurious liquor by whose consumption several persons have lost their lives and affected health of many others. However, it is submitted that so far as the applicant is concerned, there is no evidence against him that he indulged in such nefarious activity of manufacturing, sale or supply of spurious liquor. He was neither named in the F.I.R. nor any spurious liquor was recovered from his possession. The only evidence appearing against him is of confession of co-accused, Ramu Sharma who was arrested by the police and from his possession some spurious liquor was recovered. He has stated that spurious liquor was being supplied to the licensee of countrymade liquor shop either by Vinay Singh, the applicant (Shyam Gupta), Shyam Balak Rai Yadav or salesman Satendra Yadav. Learned counsel for the applicant states that even if the statement of Ramu Sharma is accepted to be correct, he has made a roving allegation that spurious liquor was being supplied either by the applicant or three others. Similar such statements have been made by other co-accused making bald allegations of involvement of the applicant in the present crime. Learned counsel for the applicant has argued that case of the applicant stands entirely on different footing from that of other accused from whose possession/custody spurious liquor has been recovered. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 04.06.2018, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for grant of bail to the applicant and submitted that at this stage confession of co-accused would be sufficient to haul the applicant in the present crime. The applicant was indulging in supply of spurious liquor on account of which several persons lost their lives and others fell ill. Therefore, the applicant is not entitled to be enlarged on bail.
Considering the facts and circumstances of the case and that there is only evidence of confession of co-accused and no other evidence showing the involvement of the applicant in the present crime, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Shyam Gupta be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 27.10.2018 MN/-