The court released the applicant on bail in a case involving spirit manufacturing and cheating charges, imposing conditions on presence and attendance.
The applicant is released on bail upon furnishing a personal bond and two local sureties of like amount, subject to specific conditions regarding attendance and consequences of absence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18383 of 2019
Applicant :- Harendra Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Janardan Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed on behalf of the applicant in Court today is taken on record.
Heard Sri Janardan, learned counsel for the applicant and Sri Om Prakash Mishra, learned A.G.A. for the State.
Perused the material on record.
The present bail application has been filed by the applicant Harendra Yadav, with a prayer to enlarge him on bail in Case Crime No. 719 of 2017, under Section 60 Excise Act and Section 272 I.P.C., Police Station-Tarya Sujan, District-Kushi Nagar, during the pendency of the trial.
It has been argued by the learned counsel for the applicant that as per first information report, on the date of incident, the police team recovered heavy amount of spirit, urea and nausadar which are used for preparing country made liquor. the accused persons have escaped from the spot and subsequently, they were arrested.
Learned counsel for the applicant has submitted that in the bail rejection order dated 21.02.2019, passed by Sessions Judge in the case of the co-accused Rakesh Gupta, it has come on record that the co-accused Arun Tiwari has already been released on bail by the Sessions Judge. Apart from the aforesaid, it is further submitted that the co-accused Rakesh Gupta has also enlarged on bail by the another Bench of this Court vide order dated 17th April, 2019 passed in Criminal Misc. Bail Application No. 15677 of 2019. The case of the present applicant is similar and identical to that of the aforesaid co-accused Rakesh Gupta. As such the present applicant is also liable to be enlarged on bail.
The applicant has criminal history of 13 cases but the same have satisfactorily been explained in paragraph-3 of the supplementary affidavit. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 12th February, 2019.
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.
However, the learned A.G.A. could not dispute the factual submissions as urged by the learned counsel for the applicant.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & Another reported in (2018) 3 SCC 22 and without expressing any opinion on merit of the case, 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:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(Manju Rani Chauhan, J.)
Order Date :- 14.5.2019
Sushil/-
3 issues framed by the court
Whether the applicant is entitled to bail in the present charge sheet case.
Whether the applicant's criminal history bars the grant of bail.
What bail conditions are necessary to ensure the applicant's presence and prevent misuse of liberty.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. & AnotherReferred¶14
(2018) 3 SCC 22 · Who else cites this
4 provisions across 2 enactments
Harendra Yadav
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
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Manju Rani Chauhan
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