Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21566 of 2021 Applicant :- Simranjeet And Another Opposite Party :- State Of U.P Counsel for Applicant :- Pankaj Bharti Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned Counsel for the applicants as well as learned A.G.A. and perused the record.
The accused- applicants are involved in Case Crime No.67 of 2021, under Sections 60 and 63 Excise Act, P.S.Mohammadabad, District Fatehgarh (Farrukhabad).
Learned counsel for the applicants has submitted that applicant has falsely been implicated in the present case. It is alleged that ten peties liquor were recovered from the car of the applicants. Alleged recovered liquor was being transported from District Sirmaur (Himachal Pradesh) to Arunachal Pradesh with valid transport tax invoices, valid R.C. in the name of Kulvinder Singh and other papers of the truck, copies of Form L36, Tax invoices, D.L. of the Driver, Registration Certificate of the truck National Permit, fitness certificate and Insurance of the truck. These papers are annexed as Annexure-2 to the bail application. It is also submitted that no illegal recovery has been made from the possession of the applicants. There is no public witness of the alleged recovery. The applicant has no criminal history. He is in jail since 15.03.2021. It is further submitted that there is no possibility of the applicants fleeing away from the judicial process or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail Learned A.G.A. has vehemently opposed the prayer for bail but not contradicted the argument advanced by learned Counsel for the applicants.
Taking into consideration the facts and circumstances of the case and without expressing any opinion on merits, let the applicants Simranjeet and Paramjeet be released on bail in the aforesaid case crime on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:
1. The applicants 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 applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The computer generated copy of such order shall be self attested by counsel of the party concerned.
6. 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 :- 27.5.2021 Asha Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 15:10:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad