Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30231 of 2019 Applicant :- Sunil Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuwar Ritesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Kuwar Ritesh Kumar, learned counsel for the applicants, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicants, Sunil Yadav And Ajeet Kumar with a prayer to release them on bail in Case Crime No. 63 of 2019, under Section 272, 273 of I.P.C. & Section 60 of Excise Act, Police Station- Khanpur, District- Ghazipur, during pendency of trial.
It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. As per the version of the F.I.R., 5 liters illicit liquor, 4 cartons of country made liquor and one plastic bag has been recovered from the possession of the applicants. It is next submitted that false recovery has been planted against applicants to implicate them in the offence, the said recovery has not been witnessed by any independent witness. Though the applicants were arrested from the spot but have nothing to do with the alleged recovery. The applicants are languishing in jail since 22.06.2019. The applicants have no criminal history in their credit except in the present case. In case, they are released on bail,they 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 applicants fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, they do not deserve any indulgence. In case the applicants are released on bail they 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 applicants involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
1. The applicants will not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants will cooperate in the trial sincerely without seeking any adjournment.
3. The applicants will 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2019 Priya