Allahabad High Court
Ganga Sahay vs State Of U.P. on 1 April, 2022
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12892 of 2022 Applicant :- Ganga Sahay Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 352 of 2021 at Police Station Civil Lines District Aligarh under Section 420, 467, 468, 471, 120B I.P.C. The applicant is in jail since 29.05.2021.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Aligarh on 21.02.2022.
Shri Virendra Kumar Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is not a license holder of a liquor shop. The applicant did not apply for any such licence nor did he produce any forged documents to procure such licence. The applicant did not facilitate any person in obtaining liquor licence with the help of forged documents. Most importantly, the principal offenders namely Banwari Lal @ Banwari and Satpal Singh who had got liquor licence have been enlarged on bail by this Court by order dated 09.03.2022 and 09.03.2022 in Criminal Misc. Bail Application No. 3743 of 2022 and 4100 of 2022. The case of the applicant stands on a better footing than that of the aforesaid principal offenders. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the the same have no bearing on the instant case. Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Shri I. P. Srivastava, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Ganga Sahay 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 below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 1.4.2022 Dhananjai