Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40195 of 2019 Applicant :- Sona Singh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Bhushan Prasad Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and the learned A.G.A.
This is a bail application on behalf of the applicants Sona Singh and Mangu in connection with Case Crime No.129 of 2019, under Section 420 I.P.C. and 60/63 Excise Act, P.S. Jhinjhana, District Shamli.
As per the first information report 500 peti illegal liquor were recovered found from the possession of the applicants.
The submission of learned counsel for the applicants are that the applicants are quite innocent and have been falsely implicated in the present case with the ulterior motive. He submitted that the alleged recovery shown from the joint possession of the applicants is totally fake and false. He submitted that there is no public witness of the alleged recovery. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicants are languishing in jail since 13.03.2019 and in case, they are released on bail they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Sona Singh and Mangu involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses;
iii) The applicants shall appear on the date fixed by the trial court;
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission;
v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 27.9.2019R./