The single judge allowed the bail application of Dharmvir, holding that a case for bail is made out on prima facie grounds despite the severity of punishment, without commenting on the merits of the charges involving liquor recovery.
Release of the applicant on bail on executing a personal bond and two reliable sureties.
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Court No. - 83
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36915 of 2021
Applicant :- Dharmvir Opposite Party :- State of U.P. Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant, Dharmvir, in Case Crime No. 125 of 2021, under Sections- 272 IPC and Section- 60(2) of Excise Act, P.S.- Soroan, District- Kasganj.
Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 20.3.2021; he is of two criminal antecedents, wherein, he is on bail and the bail orders have been filed by way of supplementary affidavit, none of them is of excise act; there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; this implication is with accusation of recovery of liquor from applicant and one other whereas no such recovery was there nor any independent public witness of same was there; it is a planted one. Hence, bail has been prayed for.
Learned AGA has vehemently opposed but could not oppose above factual aspects.
Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant, Dharmvir , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 12.1.2022 Kamarjahan
2 issues framed by the court
Whether to grant bail to the applicant charged under Sections 272 IPC and Section 60(2) of Excise Act.
Whether the applicant's plea of innocence and lack of eyewitness evidence justifies bail on prima facie grounds.
Dharmvir
State of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
