This court granted bail to the applicant in a case involving illegal liquor manufacturing and cheating, relying on the parity principle established when a co-accused was earlier released on bail by coordinate bench.
Released on bail by furnishing a personal bond and two local sureties on the conditions specified in paras 11-17.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41013 of 2020
Applicant :- Sachin Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Singh,Dharmendra Kumar Mishra,Rajeev Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Counter affidavit has been filed on behalf of the State, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 285 of 2020, under Sections 419, 420, 467, 468 IPC and 60/72 Excise Act, Police Station Jamaniyan, District Ghazipur.
Learned counsel for the applicant submits that according to the FIR from Scorpio No. MH 04 EX 8927 total 2064 bottles illegal vine was recovered on 23rd September, 2020. Applicant was arrested and four co-accused succeeded in fleeing away. He submits that at the time of recovery applicant was arrested from the front seat of the scorpio. It is alleged that motorcycle was following to keep an eye of checking places. He further submits that co-accused Ravi Yadav who have already been granted bail by co-ordinate Bench of this Court vide order dated 20.11.2020 in Criminal Misc. Bail Application No. 40628 of 2020, therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 24.09.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that applicant along with illegal vine has been arrested on the spot.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of co-accused
Ravi Yadav on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Sachin Yadav involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 as 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 8.1.2021 Israr
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with a co-accused who was already granted bail.
What conditions precedent must the applicant satisfy to be released on bail in a case involving illegal liquor.
Colour shows how this judgement treated each authority
Ravi YadavRelied on¶8
Criminal Misc. Bail Application No. 40628 of 2020
6 provisions across 3 enactments
Sachin Yadav
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
