The High Court allowed the bail application of the applicant in a case involving illicit liquor and various IPC offences, rejecting the lower court's order and releasing the applicant on bond with conditions.
Release of the applicant on bail by furnishing a personal bond and two sureties subject to specified conditions.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14921 of 2022
Applicant :- Anand Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Roopesh Kumar Nigam Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 16 of 2022 at Police Station Ali Nagar, District Chandauli under Section 60(2), 63 Excise Act and Sections 272, 420, 467, 468, 471 IPC. The applicant is in jail since 19.01.2022.
The bail application of the applicant was rejected by learned Sessions Judge, Chandauli, on 04.03.2022.
Shri Roopesh Kumar Nigam, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Illicit liquor was planted on the applicant to implicate them in the instant case to show proficiency of police investigators. The applicant has no concern with the manufacture, storage or sale of any illicit or spurious liquor. There is no independent witness to the alleged recovery. No forensic science laboratory report which confirms that the substance recovered is spurious and noxious to public health has been produced by the prosecution. Prosecution evidence does not connect the applicant with the offence. Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and
will cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA further points out that the applicant has a criminal history of one criminal case under the Arms Act.
Rejoining the issue learned counsel for the applicant submits that the applicant has become a soft target and easy scapegoat for the police authorities who have falsely implicated the applicant in the said case to burnish their credentials. The applicant has never misused the liberty of bail granted to him in the said case. The said case does not relate to any heinous crime and has no bearing on this bail application.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Anand Kumar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 8.4.2022 Pravin
Digitally signed by PRAVIN VERMA Date: 2022.04.11 11:03:55 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application for bail should be allowed in the criminal case.
Anand Kumar
Ajay Bhanot
Pravin Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
