Allahabad High Court
Gyanendra Singh @ Matole vs State Of U.P. on 18 December, 2019
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55732 of 2019 Applicant :- Gyanendra Singh @ Matole Opposite Party :- State of U.P. Counsel for Applicant :- Bir Bhan Singh,Birendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Gyanendra Singh alias Matole, who is involved in Case Crime No. 185 of 2019, under sections 420, 467, 468, 471, 257, 258, 120-B IPC and section 60/72 of Excise Act and section 63 of Copy Right Act and section 207 of Motors Vehicle Act, police station Babupurwa, district Kanpur Nagar, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is further submitted by learned counsel for the applicant that as per prosecution case, on 14.06.2019, four persons, namely, Abdul Rahman, Chandan Joshi, Tahsin alias Sablu and Mohammad Nafees were apprehended by the police and from their possession, one truck, two loaders were recovered. On further search of the truck, four drums of illegal liquor were also recovered. In the confessional statement of co-accused Chandan Joshi, the name of applicant has been surfaced. It is further disclosed by co-accused Chandan Joshi that the applicant was the supplier of recovered liquor from other State and on receiving the said illegal liquor from the applicant, the aforesaid co-accused persons used to sell it in different district of U.P. The main substratum of argument of learned counsel for the applicant is that he has been falsely implicated in this case only on the basis of confessional statement of co-accused Chandan Joshi. There is no recovery of any incriminating material from the possession of applicant. Learned counsel for the applicant also pointed out that co-accused Tahsin alias Sablu, Mohd. Nafees, Chandan Joshi and Abdul Rahman, who were apprehended by the police on the spot and from their possession alleged recovery has been made, have already been granted bail by Co-ordinate Bench of this Court vide orders dated 26.07.2019, 06.08.2019, 09.09.2019 and 13.09.2019 in Criminal Misc. Bail Application Nos. 29991 of 2019, 31559 of 2019, 35511 of 2019 and 35321 of 2019 respectively. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 06.10.2019. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Gyanendra Singh alias Matole, 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 will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
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 :- 18.12.2019 Sazia