Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10079 of 2021 Applicant :- Vijay @ Pintoo Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Rashid Siddiqui,Abhinav Gaur,Ankit Shukla,Anoop Trivedi (Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge her on bail in Case Crime No.301 of 2020, under Sections 272, 273 I.P.C. and Section 63 of Excise Act, P.S. Chhaprauli, District Baghpat.
Learned counsel for the applicant submits that according to F.I.R. version applicant along with three others were seen while preparing adulterated liquor and it is alleged that applicant and three others fled away from the spot where 42 bottles illegal liquor Haryana marka, 18 empty bottles, 49 bottles quarter without marka, 2.5 kg Urea and other intoxicating substances alleged to have been recovered. He further submits that applicant has criminal history of 38 cases, which have been explained in paras 26 & 27 of the affidavit filed in support of bail application and para 6 of the supplementary affidavit, out of which he has been enlarged on bail and as per para 6 of the supplementary affidavit in three cases he has been acquitted and nine cases have been disposed and explained in para 27 of the bail application and para 6 of the supplementary affidavit, in remaining cases, he has been enlarged on bail. He submits that as per learned A.G.A. applicant has criminal history of 42 cases but at serial no.40 and 42 same case is mentioned i.e. Case Crime No.420 and 679 are wrongly disclosed by the State. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 23.10.2020.
Per contra, learned A.G.A. opposed the bail prayer of the applicant and submits that there is criminal history of 37 cases including the present one, therefore, he is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, acquittal in three cases, nine cases disposed and in the remaining cases enlarged on bail as well as not arrested on the spot, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Vijay @ Pintoo involved in aforesaid case crime be released on bail on her furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such 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 breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.8.2021/Jitendra