Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55856 of 2019 Applicant :- Umesh Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Umesh, who is involved in Case Crime No. 476 of 2019, under Section 63 of Excise Act and Sections 420, 482 IPC, Police Station Didauli, District Amroha is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that as per prosecution case, total 510 cartoons containing whisky have been recovered from the truck in question in which at the front side RJ-06-CB-8855 was mentioned at the number plate while at the back side RJ-51-GA-1505 was mentioned at the number plate. It is further submitted that it is an admitted case of the prosecution that the applicant is the cleaner of the said truck. The applicant is neither owner of the recovered wine nor has concern with the same. The applicant was only carrier of the recovered wine. The main beneficiary of the transporting the said wine is the truck owner Rajmohan whose mobile number has been disclosed by the applicant. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 6.11.2019 and being cleaner on the said truck his case is distinguished from the owner of the truck who is the main beneficiary in the matter.
It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Umesh be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
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 :- 16.12.2019 Mini