Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25987 of 2021 Applicant :- Shyam Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Tripathi I Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the State.
The accused- applicant is involved in Case Crime No. 146 of 2021, under Section 60(2) Excise Act and Section 272 IPC, registered at Police Station Bahadurgarh, District Hapur.
Learned counsel for the applicants have submitted that the applicant has been falsely implicated in the present case. It is further submitted that the police has shown recovery of 400 litre Lahan (raw material used for preparing illegal wine) and 10 kg Urea and equipment used for preparing wine from the spot. It is alleged that no independent witness was present at the time of preparation of alleged recovery memo and entire allegation of preparation of illegal wine is false and concocted. He further submits that similarly placed co-accused Niranjan and Sunil have been granted bail by the coordinate Bench of this Court vide orders dated 26.07.2021 and 30.07.2021 passed in Criminal Misc. Bail Application Nos. 25894 of 2021 and 25774 of 2021. The applicant is in jail since 02.06.2021, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant, Shyam Singh involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 13.8.2021 SK Srivastava