In a bail application under Sections 272/273 IPC and U.P. Excise Act regarding spurious liquor manufacturing, the court allowed bail after noting co-accused were already released, citing Dataram Singh principles, subject to conditions.
Release on bail in Case Crime No. 148 of 2020 on furnishing personal bond and two sureties with specified conditions.
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Court No. - 10
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33173 of 2020
Applicant :- Ashish Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Rajesh Kumar Tiwari, learned counsel for the applicant and learned AGA for the State.
By means of this application, the applicant, who is involved in Case Crime No. 148 of 2020 under Sections 272/273/420/467/468/471 IPC and Sections 60/63/72 of U.P. Excise Act, Police Station Lalganj District Mirzapur is seeking enlargement on bail during the trial.
It is submitted that as per the FIR the applicant alongwith five other accused persons was caught for manufacturing spurious liquor. It is further contended that only recovery of Samsung mobile phone has been shown from the applicant and the recovery of spurious liquor was shown jointly from all the accused persons. it is contended that other four accused Laki Jaiswal (Criminal Misc. Bail Application No. 35380 of 2020) Abhishek Dubey (Criminal Misc. Bail Application No. 30223 of 2020) Sanjay Agrahari (Criminal Misc. Bail Application No. 35275 of 2020) and Anil Jaysawal (Criminal Misc. Bail Application No. 36866 of 2020) had already been granted bail by this Court on 23.11.2020, 20.11.2020, 18.11.2020 and 18.11.2020. Applicant further undertakes that in future he shall not indulge in any criminal activity. Applicant is languishing in jail since 13.06.2020
Learned A.G.A. vehemently opposed the prayer of bail but he could not dispute the fact that the other co-accused persons have already been granted bail by this Court.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ashish Kumar Yadav be released on bail in Case Crime No. 148 of 2020 under Sections 272/273/420/467/468/471 IPC and Sections 60/63/72 of U.P. Excise Act, Police Station Lalganj District Mirzapur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 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.
(v) The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of this computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(viii) In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 25.11.2020 Shekhar
Digitally signed by Justice Rohit Ranjan Agarwal Date: 2020.11.25 17:06:32 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving manufacturing of spurious liquor involving other co-accused already on bail.
Whether the applicant has made out a fit case for bail during trial considering co-accused bail status.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 · Who else cites this
6 provisions across 3 enactments
Ashish Kumar Yadav
State of U.P.
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
