Subodh vs State Of U.P.
2017 Latest Caselaw 2360 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25419 of 2017
 

 
Applicant :- Subodh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ravindra Kumar Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

The instant bail application has been filed on behalf of the applicant- Subodh seeking bail in Case Crime No. 314 of 2017 under Sections 60, 60(2) of Excise Act and 272, 273 IPC, Police Station Kotwali Dehat, District Etah during the pendency of trial.

Heard learned counsel for the applicant and learned AGA for the State and perused the material placed on record.

It is submitted by the learned counsel for the applicant that the first information report was lodged against two named persons including the applicant on 07.05.2017 in respect of seizure of 25 liter illicit liquor. The applicant was not involved in any such offence as alleged in the FIR. The applicant is absolutely innocent and has been falsely implicated in the present case at the inkling and connivance of local police as he could not grease the palm of police personnel. There is no public witness to support the prosecution case. No incriminating article has been recovered from the possession of the applicant. The applicant is languishing in jail since 07.05.2017 who is not a previous convict, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the bail prayer of the applicant contending that huge quantity of illicit liquor has been recovered. The applicant is named in the FIR who has actively participated in the manufacturing of illicit liquor which is injurious to the society at large. The innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail by pressurizing or intimidating the prosecution witnesses.

Without expressing any opinion on the merits, let the applicant Subodh involved in 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 that :-

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 14.7.2017

Ruchi