1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant in FIR No.0485 of 2020, under Sections 272, 273, 420, 467, 468 and 471 IPC, Sections 60(1), 72 of U.P. Excise Act and Sections 103, 104 of Trademark Act, 1999 lodged at Police Station Bachhrawan, District Raebareli.
It is alleged that from two vehicles, huge amount of illicit and duplicate liquor of some reputed companies were recovered. The accused-applicant was arrested from the vehicle.
3. Learned counsel for the accused-applicant submits that the accused-applicant is not involved in commission of the offence, however, he was taken away from his house. He is a young person, having no criminal history to his credit. He has been languishing in jail since 31.08.2020. Co-accused, Rajan Jaiswal alias Raju alias Abhineet and Harsh Pratap Singh alias Shivam Singh have already been enlarged on bail by this Court vide order dated 24.11.2020 passed in Bail No.8675 of 2020.
4. Mr. Brijendra Singh, learned A.G.A. has opposed the bail, however, he has not disputed that the said co-accused have already been enlarged on bail.
5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, the fact that the said co-accused have already been enlarged on bail and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant-Sonu Pasi alias Shatrujeet be released on bail in the aforesaid case on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following deterrent financial condition :-
(i) The applicant shall deposit a sum of Rs.50,000/- with Chief Minister Distress Relief Fund-Covid Care Fund, U.P. within a period of four weeks from the date of his release from jail and, submit a receipt thereof before the trial Court. In case, the applicant fails to deposit the aforesaid amount, this order shall be treated to be cancelled and, the applicant shall be taken into custody.
(i-a) the applicant(s) shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when 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;
(ii). the applicant(s) shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;
(iii). in case, the applicant(s) misuse(s) the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant(s) fail(s) to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her in accordance with law, under Section 174-A of the Indian Penal Code; and
(iv) the applicant(s) 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 her bail and proceed against her in accordance with law.
[D.K. Singh, J.] Order Date :- 9.2.2021 MVS/-