Mahesh Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Mahesh Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Mahesh on bail in Case Crime No. 691 of 2019 on furnishing a personal bond and two reliable sureties and filing an undertaking, subject to conditions: (1) not to tamper with the evidence or threaten the witnesses; (2) to co-operate with the trial and not seek adjournment on dates fixed for charge, evidence when witnesses are present, statement under Section 313 Cr.P.C. and argument; (3) during trial not to indulge in any criminal activities or case; on breach of any condition, the Trial Court is at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

Issue for consideration

Whether the accused-applicant Mahesh, involved in Case Crime No. 691 of 2019 under Sections 60/72 of the U.P. Excise Act and Section 272 IPC, Police Station Gunnaur, District Sambhal, deserves to be enlarged on bail.

Court's answer

Considering the facts and circumstances of the case, the rival contentions of counsel, the detention of the applicant in jail, the severity of punishment in case of conviction and the recovery shown from the possession of the applicant, and without commenting upon the merit of the case, the applicant deserves bail.

Ratio / Principle

The bail application is allowed; the applicant Mahesh is to be released on bail in the aforesaid case crime on furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned, subject to the enumerated conditions (no tampering with evidence or threatening witnesses; co-operation with the trial without seeking adjournments; no criminal activities during trial), breach whereof the Trial Court may treat as abuse of liberty of bail.

Detailed headnote1 paragraphs

Bail granted - offence under Sections 60/72 U.P. Excise Act and Section 272 IPC (Case Crime No. 691 of 2019, P.S. Gunnaur, District Sambhal): Hon'ble Rajendra Kumar-IV, J. allowed the bail application of accused-applicant Mahesh, in custody since 27.11.2019, without commenting upon the merits of the case, taking into account the facts and circumstances, rival contentions, period of detention, severity of punishment in case of conviction and the recovery shown from his possession. Release ordered on furnishing a personal bond and two reliable sureties and filing an undertaking, subject to conditions that the applicant shall not tamper with evidence or threaten witnesses, shall co-operate with the trial and not seek adjournments (including on the date of statement under Section 313 Cr.P.C.), and shall not indulge in criminal activities during trial; on breach, the Trial Court may treat it as abuse of liberty of bail and pass appropriate orders.

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2106 of 2020

Applicant :- Mahesh Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Rajendra Kumar-IV,J.

Supplementary affidavit filed on behalf of applicant is taken on record.

Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

Accused-applicant, involved in Case Crime No.691 of 2019, under Sections 60/72 of U.P. Excise Act and 272 IPC, Police Station Gunnaur, District Sambhal, applied for bail.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to enmity in political rivalry. Nothing has been recovered from the possession of the applicant. Alleged recovery is false and fake. There is no any independent witness at the time of recovery. Criminal history has been explained in paragraph no.5 of the supplementary affidavit. Applicant is in jail since 27.11.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases, trial is not likely to be concluded early in future.

Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that accused-applicant was arrested on the spot along-with recovered material. There is criminal history against him of the same nature. Therefore, he is not entitled to bail.

Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, recovery shown from the possession of applicant and without commenting upon the merit of the case, applicant deserves bail.

Accordingly, bail application is allowed.

Let applicant Mahesh be released on bail in the aforesaid case

crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

The applicant shall not tamper with the evidence or threaten the witnesses.

The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

During trial, he shall not indulge in any criminal activities or case.

In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

Order Date :- 21.1.2020 I.A.Siddiqui