Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40788 of 2019 Applicant :- Umesh Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Sharma,Abhas Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Umesh Chandra, with a prayer to release him on bail in Case Crime No.279 of 2019, under Sections 60(1)63, 72 U.P. Excise Act, 420, 467, 468, 471, 272 IPC and 63 Copy Right Act, Police Station Civil Line, District- Etawah during pendency of trial.
Submission is that Food Safety and Standards Act, 2006 has been enacted by the legislature and hence the implication of the applicant under section 272 I.P.C. is unjustified. Offence under section 60 (1) 63 of Excise Act is bailable and trible by Magistrate. False recovery has been alleged. The applicant is languishing in jail since 30.8.2019, who is not a previous convict.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves 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 noted above, larger mandate of the Article 21 of the Constitution of India 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 his 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 :- 30.9.2019 Ruchi Agrahari