Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18039 of 2019 Applicant :- Vinod @ Kakka Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Kumar,Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Vinod @ Kakka Yadav has prayed to release him on bail in Case Crime No. 219 of 2019, u/s 60 Excise Act, 420, 467, 468, 471 I.P.C., P.S.
Kotwali, District Mainpuri.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent. He is a poor labourer and was doing work of labour at above alleged Godown, which belonged to Sappu and Rahul. He is of no concern with the alleged liquor or alleged recovery, whereas his job was of labour on poor wages. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Co-accused Prashant @ Rahul @ Muski and Deepak Pal having the same degree of accusation have already been enlarged on bail by this court vide orders dated 23.4.2019 passed in Criminal Misc. Bail Application Nos. 16619 of 2019 and 16563 of 2019, respectively. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application with the contention that the applicant was apprehended at the spot, while fabricating wrapper.
Though, in the bail application this has not been clearly admitted that the applicant was apprehended at the spot, but during course of argument learned counsel for applicant has not disputed the raid, but admitted the presence of the applicant on the spot as a labour. It is admitted that the applicant was doing the job of labour at the spot for poor wages, but he is of no concern with the above recovery. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Vinod @ Kakka Yadav, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.4.2019 Pcl