Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22441 of 2019 Applicant :- Sukhdeep Opposite Party :- State Of U.P.
Counsel for Applicant :- Dur Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of this application, the applicant Sukhdeep, who is involved in Case Crime No. 34 of 2019, under Sections 420, 467, 468, 471 I.P.C. and Section 60/63/72 of Excise Act, P.S. Jasrathpur, District Etah, is seeking enlargement on bail.
It has been submitted by learned counsel for applicant that applicant is innocent and he has been falsely implicated in this very case crime number. He is of no concern with alleged recovered liquor. He was driver of above truck. Some hot talk occurred in between police personnel and accused-applicant due to which this false recovery was planted. There was no such recovery. There is no independent public witness of alleged recovery. Accused-applicant is of no criminal antecedent. Hence, bail has been prayed for.
Learned A.G.A. vehemently opposed the prayer for bail.
Perusal of first information report reveals that it was lodged on the basis of alleged recovery memo, in which accused-applicant was shown to be driver of truck concerned, over which illicit liquor was loaded for which he confessed to be of State of Punjab brought at U.P. for its sale by change of wrapper. There is no independent public witness account of alleged recovery. Accused-applicant is of no criminal antecedent.
Considering the rival submissions, nature of accusation, severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant Sukhdeep, involved in above mentioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned, subject to 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 his personal appearance is exempted through counsel by the court concerned.
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 :- 30.5.2019 NS