High Court
Case Details
Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24850 of 2022 Applicant :- Rohit Singh Opposite Party :- State of U.P. Counsel for Applicant :- Raghav Ram,Vivek Kumar Maheshwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
Legal Reasoning
Heard Sri Vivek Kumar Maheshwari, learned counsel for the applicant, Sri S.N. Mishra, learned AGA for the State and perused the record of the case. By way of present application, applicant made a prayer to release him on bail in Case Crime No. 28 of 2022, under Sections 272, 273, 417, 420, 467, 471, 34 IPC and 60(1), 62, 63 and 72 of U.P. Excise Act, Police Station Bidhanu, District Kanpur Nagar. Learned counsel for the applicant submitted that on the basis of totally false allegation, applicant has been roped in present case and no incriminating article has been recovered from the possession of applicant and he never carrying any fake liquor as alleged in the FIR. He further submitted that applicant is neither the owner of the alleged vehicle from which the recovery of liquor was made nor he in any manner concerned or connected with the vehicle. He further submitted that applicant is resident of Haryana and he came to meet his friend, who resides in Kunj Bihar Colony, District Kanpur Nagar, but on the way, local police apprehended him and some hot talk occurred between police and applicant as, applicant at that time was not bearing the mask and only due to this reason, later on he was falsely implicated in the present matter. He further submitted that till date there is no report of FSL on the basis of which, it can be said that the alleged recovered liquor either spurious or noxious. He further submitted that similarly placed co-accused, namely Gulab Naandal and Vijay have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 07.04.2022 and 02.06.2022 respectively, therefore, applicant should also be released on bail. He further submitted that applicant has no criminal history and applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial. Per contra, learned AGA submitted that there is huge recovery of fake liquor from the vehicle, which was driven by the applicant, but learned AGA could not dispute the fact that it is not the case of prosecution that applicant was the owner of that vehicle and further till date no FSL report is on record, which can show that recovered liquor was either spurious or noxious and further co-accused Gulab Naandal and Vijay have already been released on bail by the co-ordinate Bench of this Court and applicant has no criminal history. I have heard both the parties and perused the record of the case. From the perusal of the FIR, it appears that on 12.01.2022 two vehicles were intercepted by the police and in one of the vehicle, which was driven by the applicant, from the Dikki of vehicle 80 Peties of fake liquors were recovered, but till date there is no report of FSL on record that either the recovered liquor was spurious or noxious and further applicant has come with specific defence that he is resident of Haryana and came to meet his friend in Kunj Bihar Colony, Kanpur Nagar where due to some dispute he was falsely roped in the present case by the local police and further similarly placed co-accused Gulab Naandal and Vijay have already been released on bail, therefore, without expressing any opinion on the merits of the case, I am of the view that the applicant should be released on bail in the present matter. Hence, the bail application is allowed. Let the applicant- Rohit Singh 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 concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC. (vi) The trial court may make all possible efforts/endeavor and try to conclude the trial expeditiously after the release of the applicant. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. Order Date :- 23.6.2022 AK Pandey Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.06.25 10:30:07 IST Reason: Location: High Court of Judicature at Allahabad