Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38517 of 2019 Applicant :- Suraj Sahni And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Prabodh Dubey 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 Suraj Sahni and Dharam Prakash Chaubey in connection with Case Crime No.147 of 2019, under Sections 419, 420, 467, 468, 471 I.P.C. and 60/72 Excise Act, P.S. Kotwali Salempur, District Deoria.
As per the first information report the police had made recovery of 650 petty of illegal liquor, which was being carried by the accused persons in the truck bearing registration no.UP-14-HT-9008 and the police had arrested Kamil and Chhote along with illegal liquor from the alleged truck.
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 applicants were said to be going on in a Bolero jeep in front of the alleged truck and the name of the applicants have surfaced in the confessional statement of Kamil and Chhote. He submitted that nothing incriminating has been recovered from the possession of the applicants. He further submitted that the previous criminal history of the applicants has satisfactorily been explained. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicants are languishing in jail since 01.07.2019 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 Suraj Sahni and Dharam Prakash Chaubey 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 :- 30.9.2019 R./