The Court granted anticipatory bail to the applicant under paragraph 60, 63, and 72 of the Excise Act, subject to furnishing a bond and specific conditions.
Anticipatory bail granted on bond of Rs. 25,000 with two sureties of Rs. 25,000 each, subject to standard conditions and until police report submission.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52335 of 2019
Applicant :- Munnaur Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the first information report as well as rejection order.
Learned counsel for the applicant submitted that the applicant was not arrested on the spot and his name disclosed in the confession of co-accused that he is kingpin of the gang dealing with spurious liquor on that basis he has been made an accused; other co-accused Akhilesh Yadav, Sangam Yadav and Panchanand Yadav have been granted anticipatory bail by another Bench of this Court in Bail Application no. 47633 of 2019 vide order dated 7.11.2019. The matter needs deeper and fairer investigation before any arrest should be given effect to. Therefore, the applicant may be enlarged on anticipatory bail.
Learned A.G.A. has vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant Munnaur Ansari involved in Case Crime No. 118 of 2018, u/s 60, 63, 72 Excise Act, P.S. Rani Ki Sarai, District Azamgarh shall be released on anticipatory bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.
(i) the applicant shall make himself available for interrogation by a police officer as and when required;
(ii) the applicant 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 them from disclosing such facts to the Court or to any police officer;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it's compliance.
In view of the aforesaid, the application for anticipatory bail is, accordingly, allowed.
Order Date :- 28.11.2019 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in the investigation of the specified Excise Act offences.
1 provisions across 1 enactments
Munnaur Ansari
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
