The court granted bail to Kamlesh Yadav, an accused in a spurious liquor case involving charges under the Excise Act and IPC. Bail was allowed with strict conditions to prevent tampering with evidence and ensure attendance during trial.
Released on bail subject to personal bond, two sureties, and specific undertakings regarding attendance and non-tampering.
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Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9426 of 2020
Applicant :- Kamlesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Bhushan Kunwar,Kamal Krishna (Senior Advocate) Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Kamal Krishna learned Senior Advocate assisted by Sri Shashi Bhushan Kunwar. learned counsel for the applicant and the learned A.G.A.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Kamlesh Yadav , seeking enlargement on bail during trial in connection with Case Crime No. 193 of 2018, under Sections 60/63 Excise Act and 419, 420, 467, 468, 471, 272, 273 I.P.C., registered at P.S. Bairia, District Ballia.
Learned senior counsel argued that a police informer informed the police giving specific names of persons being present at a stationed truck who were involved in making spurious liquor and effort was being done for its transportation. On the said information a raid was conducted and the applicant along with other 04 named persons namely Ajay Singh, Arun Thakur, Buchkan Thakur and Ripunjai Pandey along with the truck driver, owner of the truck, owner of the tractor trolley and owner of a motorcycle parked therein have been mentioned as accused in the F.I.R have been made as accused. The role assigned to the applicant is that of being instrumental with the other named accused persons in packing of the said liquor. Some packed liquor and also certain articles used in packing and pasting on the bottles have been recovered. It is further argued that so far as one of the named accused persons Arun Thakur is concerned he has been falsely implicated as is evident from the fact that he has been exonerated by the police. The naming of the applicant by the police informer is an impossibility. It is further argued that the applicant is neither the owner nor the driver of the said truck but is only a labour. There is a criminal history of 04 cases against the applicant which have been explained in paragraph 03 of the supplementary affidavit.
A certified copy of one order granting bail to the applicant in Case Crime No. 691 of 2016, P.S. Fefna, District Ballia has been produced before this Court which is taken on record. It is further argued that till date there is no report of any expert giving an opinion regarding the seized material. It is argued that the applicant was not arrested from the spot and was said to have fled away. The applicant is in jail since 14.01.2020.
Per contra learned A.G.A opposed the prayer for bail and argued that the applicant is in the business of the same as is evident from 03 previous cases lodged against him but could not dispute the arguments raised by learned counsel for the applicant.
Let the applicant, Kamlesh Yadav, be released on bail in the aforesaid case crime number 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 28.2.2020 AS Rathor
(Samit Gopal,J.)
1 issue framed by the court
Whether bail should be granted to the applicant in the criminal proceedings instituted under the Excise Act and IPC sections.
4 provisions across 2 enactments
Kamlesh Yadav
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
