Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30596 of 2018 Applicant :- Vivek @ Badhai @ Ojha Opposite Party :- State Of U.P.
Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
In para 4 of the supplementary affidavit it has been stated that the name of police station has wrongly been typed as 'Shikohabad' when it should be 'Khairgarh'. Learned counsel for the applicant prays for that he may be permitted to correct the name of police station in the memo. of bail application. The prayer is allowed.
Learned counsel for the applicant is permitted to carry out necessary correction in the bail application during the course of day.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant has filed a supplementary affidavit explaining criminal history of the applicant. The applicant has criminal history of one case and he has been implicated in other cases subsequently. The allegation against the applicant is that he had ordered for the liquor from Arunachal Pradesh.
The argument is that there is no evidence that the applicant has ordered the goods to be delivered to him from the State of Arunachal Pradesh. The applicant has been falsely implicated. He is in jail since 02.07.2018 On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vivek @ Badhai @ Ojha involved in Case Crime No.59 of 2018, under Sections 60, 63, 72 U.P. Excise Act & under Section 420 I.P.C, Police Station Khairgarh, District- Firozabad 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 not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 21.8.2018 SS