Allahabad High Court
Dharmendra vs State Of U.P. on 1 August, 2019
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30873 of 2019
Applicant :- Dharmendra
Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Dhar Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Suresh Dhar Dwivedi, learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Dharmendra with a prayer to release him on bail in Case Crime No. 105 of 2019, under Sections 272 I.P.C. and U/s 60, (2) Excise Act, Police Station- Tilhar, District- Shahjahanpur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per the allegations made in the F.I.R., the accused persons were involved in the manufacturing of illicit liquor. On information received by the informer, when the Police party raided, the co-accused persons were arrested from the spot and, thereafter, 18 ltr. adulterated liquor, 2 kg. urea and other articles have been recovered from the joint possession of the accused persons. It is next submitted that the applicant has not been arrested on the spot nor any recovery has been made either on his pointing out or from his possession. The recovery was planted one and there is no independent/public witness of the alleged recovery. It is next submitted that as per recovery memo, there is no mention whether recovered material is intended for sale or it is injurious to health. The applicant is languishing in jail since 10.03.2019. The criminal history of applicant has been explained in paragraph no.7 of the affidavit accompanying the bail application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
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 :- 1.8.2019
JK Yadav
