This bail application was filed by Mohit and Vinod charged under the Excise Act and IPC. The court found it a fit case for bail without expressing an opinion on merits and allowed the bond along with security.
Release of applicants on bail upon executing a personal bond and furnishing two sureties each.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35523 of 2019
Applicant :- Mohit And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Dharm Vir Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and the learned A.G.A.
This is a bail application on behalf of the applicants Mohit and Vinod in connection with Case Crime No.130 of 2019, under Sections 60(1)/63 Excise Act and Section 420 I.P.C., P.S. Nidhauli Kalan, District Etah.
The first information report was lodged by Sub-Inspector of Police, Nidhauli Kalan, District Etah against the applicants, who were arrested along with the loaded truck of 285 peti of illegal english liquor.
The submission of learned counsel for the applicants are that the applicants are quite innocent and have been falsely implicated in the present case with the ulterior motive. He submitted that the alleged recovery shown from the applicants are totally fake and false. He submitted that there is no public witness of the alleged recovery. He submitted that the applicants are languishing in jail since 10.07.2019 and in case, they are released on bail they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Mohit and Vinod involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses;
iii) The applicants shall appear on the date fixed by the trial court;
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police
officer or tamper with the evidence.
Order Date :- 25.9.2019 R./
1 issue framed by the court
Whether the applicants Mohit and Vinod are eligible for bail in connection with offences under Section 60(1)/63 of the Excise Act and Section 420 of the I.P.C.
Mohit
Vinod
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
