Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10929 of 2018 Applicant :- Surjeet Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Dinesh Kumar , learned counsel for the applicant and Sri Vikas Rana, learned A.G.A. appearing for the State and perused the record.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive.It is next contended that the applicant is a driver of the truck which was intercepted by the police and recovery of illegal liquor is shown against the applicant. It is next contended that the applicant has no concern with this recovery. There is no independent witness of the said recovery. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required.
It is contended by learned counsel for the applicant that similarly placed co-accused, namely, Neeraj Dwivedi has already been granted bail by this Court vide order dated 13.3.2018 passed in Criminal Misc. Bail Application No.9397 of 2018, copy whereof has been produced by the counsel for the applicant, which is taken on record and since the case of the applicant stands on identical footing of that co-accused, hence the applicant is also entitled for bail on the ground of parity.It has also been submitted that the applicant is languishing in jail since 15.2.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case, let the applicant Surjeet Singh involved in Case Crime No. 14 of 2018, under Section 420, 467, 468, 471 I.P.C. and 60/72 U.P.Excise Act, Police Station Aung, District Fatehpur be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 23.3.2018 Su