Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34249 of 2021 Applicant :- Vinit Opposite Party :- State of U.P.
Counsel for Applicant :- Birendra Singh Khokher Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Birendra Singh Khokher, learned counsel for the applicant, learned A.G.A for the State and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.733 of 2018, under Sections 60(2), 60/63 Excise Act and 420, 467, 468, 471, 272, 273 IPC and 103, 104 Trade Mark Act, Police Station.-Sector 24 Noida, District.-Gautam Budh Nagar.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that the applicant is neither named in the FIR nor any recovery has been made from his possession or on his pointing out. The name of the applicant has surfaced on the basis of the statement of the co-accused Lokesh Kumar. It is next submitted that the co-accused namely Ajay Grover, Bobby Tomar, Harit Kaushik, Sumit, having been assigned similar role as that of the applicant, have since been granted bail by orders dated 05.12.2018, 17.12.2018, 11.02.2019 and 28.02.2019 passed in Criminal Misc. Bail Application Nos.46555 of 2018, 46159 of 2018, 47542 of 2018 and 8934 of 2019 respectively. The applicant is in jail since 5.6.2021 having criminal history of two cases which have been explained in paragraph no. 13 to the affidavit filed in support of the bail application, in which the applicant has already been enlarged on bail, the bail orders has been appended as annexure no. 5 to the application and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Vinit who is involved in 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 23.9.2021 Akbar