Amit v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46743 of 2023 Applicant :- Amit Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

¶2Heard Sri Sanjay Kumar Sharma, learned counsel for the applicant as well as Ms. Ifra Islam, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 253 of 2023, under Sections 60/72 of Excise Act and Section 272 of I.P.C., Police Station Meerganj, District Bareilly, during the pendency of trial.

¶4Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case due to ulterior motive. The applicant is a labourer and has nothing to do with the said offence as alleged in the FIR. The FIR was instituted against the applicant and co-accused Shubham and Anil on

12.09.2023 regarding the recovery of 200 litres of spurious liquor. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has criminal history of two cases which has been explained in the affidavit. The applicant is languishing in jail since

13.9.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial.

¶5Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

¶6Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶7Let the applicant-Amit involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. v. The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

¶8In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶9Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶10It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 24.11.2023 Siddhant High Court of Judicature at Allahabad