Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56104 of 2019 Applicant :- Warish Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Abhai Kumar Singh,Awadhesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Abhai Kumar Singh, learned counsel for the applicant; as well as Sri Nagendra Kumar Srivastav, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Warish Ali with a prayer to release him on bail in Case Crime No. -301 of 2019, under Sections -420, 467, 468, 471, 272 and 273 I.P.C. and Sections 60/63/72 of Excise Act, Police Station - Ram Chandra Mission, District -Shahjahanpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of manufacture and sale of illicit liquor and other offences under the Excise Act, punishable with imprisonment of ten years;
(ii) against FIR lodged on 21.10.2019, the applicant is in confinement since then;
(iii) the applicant claims to have cooperated in the investigation;
(iv) the applicant has no criminal history;
(v) though investigation is stated to be pending however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that the applicant is a manual labour who was loading the goods on the car on the direction issued to him by the owner of the vehicle;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the 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, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the investigation/trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.12.2019 S.Chaurasia