Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29876 of 2019 Applicant :- Sumesh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sushil Kumar Dubey, learned counsel for the applicant, Sri Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Sumesh Kumar with a prayer to release him on bail in Case Crime No. 379 of 2019 under Sections 60/72 Excise Act and under Section 272 I.P.C., Police Station- Bidhuna, District- Auraiya, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant has falsely been implicated in the present case. As per the allegations made in the F.I.R., the applicant along with other persons were involved in the manufacturing of adulterated wine. The police party raided at the time of Gasti duty, Sumesh Kumar (applicant) said to have been arrested on the spot showing recovery of 380 quarter of deshi wine and cane filled with 40 liters liquid and other articles from the possession of the applicant and other persons. It is next submitted that false recovery has been planted against applicant to implicate him in the offence, the said recovery has not been witnessed by any independent witness. Learned counsel for the applicant further submits that the co-accused - Vipin Kumar has been granted bail by this Hon'ble Court vide order dated 10.07.2019 passed in Criminal Misc. Bail Application No. 27415 of 2019, copy of which order has been passed on to the Court today is kept on record and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity.The applicant is languishing in jail since 19.06.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted Order Date :- 25.7.2019 Priya