Azad v. State of U.P.

Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41553 of 2020

Applicant :- Azad Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Mishra,Sudhir Kumar Shukla

Counsel for Opposite Party :- G.A.

Hon'ble Ali Zamin,J.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.330 of 2020, under Sections 60, 60 (1) U.P. Excise Act, and Section 420 I.P.C., Police Station Bairia, District Ballia.

It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further argued by learned counsel for the applicant that as per prosecution case, on 14.9.2020, 100 boxes (total 1032 litres) of illegal liquor from bolero vehicle bearing No. BR01GE8287 were recovered by the police, which was driven by co-accused Satish Kumar and applicant, Azad was sitting in the said vehicle as cleaner. The main substratum of argument of learned counsel for the applicant is that admittedly, neither the applicant is the owner of the vehicle nor recovered illegal liquor. Further submission of learned counsel for the applicant is that the applicant is paid employee and he is not the beneficiary of the illegal transportation of illegal liquor. Learned counsel for the applicant next argued that in fact no recovery is effected from the applicant and co-accused. The applicant is languishing in jail since 15.9.2020. He does not have any criminal history to his credit. In case the applicant is released on bail he will not misuse the liberty of bail. 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.