Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15760 of 2021 Applicant :- Tuntun Kumar Vyahut Opposite Party :- State of U.P.
Counsel for Applicant :- Ashish Kumar Sinha Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Tuntun Kumar Vyahut in connection with Case Crime No. 176 of 2017, under Sections 272 I.P.C. and Sections 60, 62 of Excise Act, Police Station Taryasujan, District Kushi Nagar.
Heard Mr. Avanish Pratap Singh, Advocate holding brief of Mr. Ashish Kumar Sinha, learned counsel for the applicant and Mr. S.S.Tiwari, learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that he has been implicated in the present crime on the statement of the apprehended co-accused Harishchandra, Ramesh Pandey, Ram Vilas Yadav and Swaminath Yadav. It is submitted that the evidence against him is, therefore, no more than a statement of co-accused. It is urged that there is no recovery from the applicant. It is also submitted that the applicant has not been apprehended on the spot. It is next submitted that co-accused Harishchandra and Ram Vilas Yadav, who have been apprehended on the spot along with the claimed stock of the illicit liquor carried in a tractor/truck, have been admitted to bail by Hon'ble Naheed Ara Moonis, J. vide order dated 28.04.2017 passed in Criminal Misc. Bail Application No. 15448 of 2017 entitling the applicant to the benefit of parity. It is submitted that the applicant has a criminal history of five cases which is explained in paragraph no. 13 of the affidavit. The applicant is in jail since 29.01.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the applicant has not been apprehended on the spot, the fact that the evidence against him is no more than a statement of co- accused, the fact that there is no recovery from the applicant, the fact that co- accused who have been arrested on the spot have been admitted to bail, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Tuntun Kumar Vyahut involved in Case Crime No. 176 of 2017, under Sections 272 I.P.C. and Sections 60, 62 of Excise Act, Police Station Taryasujan, District Kushi Nagar be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant 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.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 8.4.2021 Brijesh Maurya