Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53506 of 2021 Applicant :- Wajid Opposite Party :- State Of U.P. Thr. Principal Secy. (Home) Govt. Of U.P. Luc Counsel for Applicant :- Shravana Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.458 of 2021, under Section 60 Excise Act and Sections 272 & 273 I.P.C., Police Station- Kairana, District- Shamli.
Learned counsel for the applicant submitted that the accused- applicant is innocent and has been falsely implicated. Nothing has been recovered from his possession. The alleged recovery of 5 liter adulterated illicit liquor is false and fabricated. There is no independent witness of the alleged recovery which makes the prosecution case is highly doubtful. Learned counsel further submitted that the applicant has no previous criminal history. The applicant who is in jail since 01.09.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. has opposed the bail application and submitted that accused has been arrested on the spot with 5 liter adulterated illicit liquor.
Considering the rival contentions of the parties, nature of the allegations made in the F.I.R. nature and gravity of the offence, alleged recovery of 5 liter adulterated illicit liquor, and all other attending circumstances, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Wajid involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 22.12.2021 Krishna* Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.12.23 17:01:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad