Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30399 of 2019 Applicant :- Vijay Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Mukti Nath Dwivedi, learned counsel for the applicant and Sri P.K. Shahi, learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant-Vijay with a prayer to enlarge him on bail in Case Crime No. 178 of 2019, under Section 60 of Excise Act and Section 272 I.P.C., Police Station-Kamalganj, District-Farrukhabad, during the pendency of the trial.
It has been argued by the learned counsel for the applicant that as per the version of FIR, on the information received from an informer that a person having adulterated liquors was standing at the crossing of village Maharupurravi to go somewhere, the Police personnels reached the said place and caught the applicant. 50 litres of adulterated liquors contained in three plastic bags are alleged to have been recovered from the possession of the applicant. It has further been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. There is no eye witness or public witness from which it is established that the applicant is involved in the commission of the alleged offence. It is next submitted that false recovery has been planted against applicant to implicate them, the said recovery has not been witnessed by any independent witness. There is no chemical analyses report, which can show that the recovered material is intended for sale or it is injurious to health. The applicant has no criminal antecedents to his credit except the present one. It is next contended that 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. The applicant is in jail since 30th June, 2019.
Per contra learned A.G.A. has opposed the bail prayer 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. However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local 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 he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 him, 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 him in accordance with law.
(Manju Rani Chauhan, J.) Order Date :- 30.7.2019 Sushil/-