High Court allowed bail application for an applicant accused under Excise Act and IPC sections, relying on constitutional mandates and Apex Court dicta, directing release subject to personal bond, two sureties, and conditions against tampering with witnesses.
Release on furnishing a personal bond and two sureties each in the like amount upon verification.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29462 of 2021
Applicant :- Sona Jaat Opposite Party :- State of U.P. Counsel for Applicant :- Garun Pal Singh,Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Pankaj Kumar Shukla,learned counsel for the applicant, learned A.G.A for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 54 of 2021, under Sections- 60A, 60(2), 62, 63 and 72 of Excise Act and Section 272, 420, 467, 468 and 471 IPC, Police Station- Mursan, District- Hathras, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in the present case. As per the FIR, applicant along with co-accused namely, Pawan@ Chotu and Sunil Kumar @ Baba were arrested at the spot along with 200 litre alcohol as well as other articles related to adulteration of liquor. It is next submitted that the applicant has wrongly been shown to be arrested at the spot, in fact, he went to the house of his sister and he was not present on the spot at the time of arrest. It is next submitted that the alleged recovery shown against the applicant and co-accused persons is forged and fabricated for which there is no independent witness. The investigation in the matter has already been completed and charge-sheet has already been submitted. It is next submitted that the offence is triable by Magistrate. It is next contended that the co-accused Suneel Kumar having identical role to the applicant had already been granted bail by the co-ordinate Bench of this Court vide order dated 22.9.2021 passed in Criminal Misc. Bail Application No. 30524 of 2021, hence the applicant is entitled for bail on the ground of parity. The applicant is in jail since 16.5.2021 having criminal history of three cases which has been explained in paragraph no.13 to the supplementary affidavit and in Case Crime No. 50 of 2012, he has been acquitted and in the rest two cases, he is already enlarged on bail by the competent court and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the
charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Sona Jaat who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 5.10.2021 Akbar
2 issues framed by the court
Whether the applicant is entitled to release on bail pending trial considering the nature of accusation, severity of punishment, and larger mandate of Article 21.
Whether parity with a co-accused previously granted bail entitles the applicant to bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherFollowed¶10
Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 · Who else cites this
2 provisions across 2 enactments
Sona Jaat
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
