Ashwani Sharma v. State of U.P. Thru. Prin. Secy. (Home), Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14996 of 2023 Applicant :- Ashwani Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Lucknow Counsel for Applicant :- Diwakar Prasad Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Diwakar Prasad Sharma, learned counsel for the applicant, Sri Rakesh Kumar Singh, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 168 of 2023, under Sections 272, 419, 420, 467, 468, 471 I.P.C. and Section 60/63 of U.P. Excise Act registered at Police Station Hindola, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.11.2023 against four persons including the applicant, stating that on the basis of information received from a mukhbir, three persons were apprehended on a flyover and smuggled liquor was recovered and 23 bottles of 750 ml each meant for being sold in Chandigarh were recovered from their possession along with some empty bottles, bottle caps and bar codes etc. As per the FIR allegations, upon pointing out of the accused persons, a huge quantity of empty bottles were recovered from an open place and they confessed that they smuggled liquor from Punjab and Chandigarh etc, mix it with bottle, Pudin Hara and soft drink and filled it up in empty bottles and sell the same.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that the co-accused Gaurav Jaiswal has already been enlarged on bail by this court by means of an order dated 13.12.2023, passed in Criminal Misc. Bail Application No.14629 of 2023.

¶5The learned A.G.A. has opposed the prayer for bail and he has submitted that as alleged was loss of revenue to the the state exchequer and have far reaching impact on the society. He has submitted that the investigation of the case is still going on.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history and he is languishing in jail since 08.11.2023 whereas a similarly situated co-accused person has already been granted bail by this court and without making any observation which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Ashwani Sharma be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi, J.) Order Date :- 19.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench