In Crl. Misc. Bail A. No. 4177 of 2021, the Court granted bail to Chetan Ram in a case under Sections 60/62 of the Excise Act, citing lack of public eye witness for recovery and absence of prior criminal record, subject to conditions.
Applicant released on bail subject to furnishing a personal bond and two sureties and complying with specified conditions.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4177 of 2021
Applicant :- Chetan Ram Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Vaish Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Yogesh Kumar Vaish, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that there is no public eye witness of the said recovery as alleged by the prosecution while police has been got prior information of the offence from Mukhbir. Nothing has been recovered from the possession of the applicant as alleged by the police, the said fact has been mentioned in para 16 to the affidavit filed in support of bail application. 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 has 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. It has also been submitted that the applicant is languishing in jail since 15.10.2020. It has been pointed out that the applicant has no criminal history.
Learned A.G.A. has vehemently opposed the prayer.
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.
Let applicant- Chetan Ram , be released on bail in Case Crime No. 464 of 2020, under Sections- 60/62 Excise Act, Police Station- Kalan, DistrictShahjahanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
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 :- 20.7.2021 Arti
1 issue framed by the court
Whether bail ought to be granted to the applicant falsely implicated without criminal history and languishing in jail since 15.10.2020.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
(2018) 2 SCC 22 · Who else cites this
Chetan Ram
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
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