Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31843 of 2018 Applicant :- Vinod Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Tripathi,Atul Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant was a legal license holder for the running of the said shop in dispute and his license no. was 27/2010/U/RBI and the said license was in force from 16.04.2010 upto 15.04.2015, and thereafter documents were again submitted before the concern authority by the applicant on the name of Ganesh Medical Agency and the fees was also deposited for the said purpose which was still pending. The said fact has been mentioned in para 6 to the affidavit filed in support of bail application. It is further submitted that raid was conducted in the densely populated area but no independent witness came forward to support the prosecution version. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 22.06.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Vinod Kumar involved in Case Crime No. 517 of 2018, under Sections 18/C/27 Drugs and Cosmetic Material Act, 1940 & 420 I.P.C., Police Station Deoband, District Saharanpur be released on bail on his furnishing a personal bond with two heavy sureties (One should be of a family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial 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.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 21.8.2018 Arti