Allowed

Naveen Jayaswal v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Allahabad HC30 Jan 2024/896/2024

Case brief

AI extract

What is this about?

Bail application under Sections 420, 467, 468, 471, 272 IPC and Section 60A of the Excise Act for alleged manufacturing and supply of spurious liquor. Court granted bail, noting co-accused already released and applicant in jail since April 2022.

What the court decided

AI extract

Naveen Jayaswal Vs State of U.P. Thru. Prin. Secy. Home… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:8672

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 896 of 2024

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Applicant :- Naveen Jayaswal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko. Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary and the charge-sheet in this case has already been submitted.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Naveen Jayaswal for grant of bail, in Case Crime No. 37 of 2022, under Sections 420,467,468,471,272 I.P.C. & Section 60A of Excise Act, Police Station Millarea, District Raebareli, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. The FIR of this case has been lodged against unknown persons as it was found that some abandoned spurious countrymade liquor was found at a place. However, during the course of the investigation, it was found that the applicant was involved in manufacturing and supplying of spurious liquor and thus, the liquor and the bottles of liquor recovered were supplied by the applicant in connivance with the other co-accused persons.

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It is vehemently submitted that the case of the prosecution is based on the confessional statement of the applicant as well as the confessional statement of the other co-accused persons and apart from that, there is no independent witness or evidence which may connect the applicant with the crime.

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It is also submitted that the applicant was also involved in other four criminal cases. However, in one of such case pertaining to Case Crime No. 218 of 2021 with regard to similar penal sections, he has been granted bail by a Coordinate Bench of this Court vide order dated 16.8.2021 passed in Bail No.

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4783 of 2021, while with regard to another case bearing Case Crime No. 29 of 2022, under Sections 272, 302 IPC & Section 60A of Excise Act, he has been granted bail by a Coordinate Bench of this Court vide order dated 17.1.2024 passed in Criminal Misc. Bail Application No. 6375 of 2023 and in the remaining two cases, the bail application is either pending or may be moved after getting the bail in predicate offences.

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It is further submitted that identically placed co-accused persons, namely, Pravin Singh @ Ketan Singh and Arshad @ Shanu have been granted bail by a co-ordinate Bench of this Court, vide orders dated 19.10.2023 and 18.9.2023 passed in Criminal Misc. Bail Application Nos. 12577 of 2023 and 8219 of 2023 respectively and the other co-accused persons namely, Harshendra Singh @ Raja, Vinay Jaiswal Dheerendra Singh, Ram Pratap Yadav and Sandip Jaiswal have been granted bail by the trial court vide orders dated 5.10.2023, 21.10.2023, 30.10.2023, 24.8.2023 and 5.12.2023 passed in bail application Nos. 3344 of 2023, 3560 of 2023, 3627 of 2023, 2954 of 2023 and 4000 of 2023, respectively.

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It is further submitted that the criminal history of the applicant has been adequately explained the supplementary affidavit dated 19.1.2024. The applicant is languishing in jail in this case since 28.4.2022. Charge sheet in this case has already been filed and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.

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Learned A.G.A. opposes the prayer for bail of the applicant, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

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Having heard learned counsel for the parties and having perused the record, it is reflected that almost all the co-accused persons except the applicant have been granted bail either by the Coordinate Bench of this Court or by the trial court. In more heinous offence pertaining to Section 302 IPC, wherein some persons are shown to have lost their lives due to consumption of spurious liquor, the applicant has also been granted bail. The applicant is languishing in jail in this case since 28.4.2022 and criminal history of the applicant has been adequately explained in the supplementary affidavit dated 19.1.2024. Charge sheet in this case has also been filed and the presence of the applicant may be secured before the trial court by placing adequate conditions.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions

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of the learned counsel for the parties, the facility of bail may be extended to the applicant. Thus, the bail application is allowed .

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Let the accused/applicant- Naveen Jayaswal involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 30.1.2024 Shravan

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Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Naveen Jayaswal v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

What is this about?

What the court decided

Naveen Jayaswal v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko.

Case brief

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