Single judge allowed a bail application filed by an applicant accused of adulterating urea in deshi liquor. The court found convincing material to visit larger mandate of Article 21 of the Constitution and the law laid down in Dataram Singh case and ruled to release on bail.
Released on bail on personal bond and two sureties in like amount on conditions.
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Court No. - 44 ............................................................... A.F.R.
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16768 of 2021
Applicant :- Ram Prakash Opposite Party :- State of U.P. Counsel for Applicant :- Ram Surat Patel Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard learned counsel for parties and perused the record.
Applicant has moved the present bail application seeking bail in Case Crime No. 142 of 2021, under Section 60(2) of U.P. Excise Act and Section 272 I.P.C., P.S. Kotwali Orai, District Jalaun.
Learned counsel for applicant submits that a false and concocted F.I.R. has been lodged by the informant against the applicant on 25.02.2021 at 11:20 P.M. Learned counsel for applicant submits that as per the FIR version, the informant-Sri Ashok Kumar Verma, Sub-Inspector alongwith some other police personnel on the information of Mukhbir Khas raided at the shop of parchoon where applicant was adultering urea in deshi liquor. The police arrested the applicant and recovered 200 pieces of polythene, 500 gram urea and 20 liters of deshi liquor from his possession. The entire prosecution story made in the FIR is false, fabricated and concocted due to non-fulfilment of their illegal demand. The offence under Section 60(2) Excise Act is triable by Magistrate and no case is made out in any section of the IPC. There is no criminal history of the applicant.
Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case due to ulterior motive. There is no allegation in the F.I.R. that any person died while consuming the said liquor. He further submits that the police with malafide intention has been regularly lodging F.I.Rs. against those persons, who have either caught or being seen nearby some places where the country made liquor is being sold by the Government license holders.
He further submits that the whole prosecution story is false and concocted. The applicant has neither been arrested from the alleged spot nor any illegal material has been recovered from the possession of the applicant. The recovery memo is totally false. He further submits that no offence under any Section of I.P.C. is made out. The offence does not cover beyond the
offence of the Excise Act. Thus, the prosecution case does not go beyond the purview of the Excise Act.
Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 26.02.2021 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned A.G.A.has opposed the bail application.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also in the absence of any convincing material to indicate the possibility of tampering with the evidence and larger mandate of Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22 , this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant- Ram Prakash involved in Case Crime No. 142 of 2021, under Section 60(2) of U.P. Excise Act and Section 272 I.P.C., P.S. Kotwali Orai, District Jalaun, be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-
(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.
(2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.
(3) The applicant shall cooperate in the trial sincerely without
seeking any adjournment.
(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
(6) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 9.6.2021 SA
1 issue framed by the court
Whether the applicant be enlarged on bail in a case involving alleged adulteration of urea in deshi liquor and alleged concoction of FIR?
Colour shows how this judgement treated each authority
Dataram Singh vs. State of UP and anotherReferred¶13
(2018) 3 SCC 22 · Who else cites this
3 provisions across 3 enactments
Ram Prakash
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
