Allahabad High Court
Tej Narayan Singh vs State Of U.P. on 21 June, 2021
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- BAIL No. - 4564 of 2021 Applicant :- Tej Narayan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C. has been filed seeking bail in FIR No.116 of 2021, under Sections 420, 467, 468, 471 IPC and Section 60 Excise Act, Police Station Hargaon, District Sitapur.
It is alleged that from the possession of the accused-applicant, 20 liters of illegal spirit, 735 empty bottles, 624 Corks and others material were recovered. Accused-applicant was making spurious liquor. There is no other case registered against him, except the present one. The accused-applicant has been in jail since 16.2.2021. The case is triable by the Magistrate.
Learned counsel for the accused-applicant submits that accused-applicant may be put to some financial burden as a condition precedent for granting him bail without prejudice to his rights and contentions.
On the other hand, Mr. Nikhil Singh, learned counsel appearing for the State has opposed the prayer for bail and submitted that accused-applicant is involved in preparing and selling the spurious liquor. He is a bootlegger. Several innocent persons die every day after consuming the spurious liquor, which has prepared and sold by the persons like the accused-applicant for earning his illegal profit. He, therefore, submits that the accused-applicant has committed serious offence and, he is not entitled to be enlarged on bail at this stage.
I have considered the submissions advanced by the parties and perused the record.
It is true that from the possession of the accused-applicant 20 liters of 81.62 VV spirit was found besides empty bottles and corks etc. It is evident that the accused-applicant was preparing the spurious liquor and selling the same in the market. However, there is no allegation for committing an offence under Section 272 IPC. The offence for which the FIR has been registered, is triable by the Magistrate. The accused-applicant has been in jail since 16.2.2021 and there is no criminal history of the accused-applicant.
Considering the above facts and circumstances of the case, coupled with the contentions raised by the learned counsel for both sides, and without entering into the merit of the case, the applicant is entitled to be released on bail.
Let applicant Tej Narayan Singh be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The accused-applicant shall deposit a sum of Rs.50,000/- in the account of Chief Minister's Distress Relief Fund-COVID Care Fund, within a period of four weeks from the date of his release and submit a receipt thereof before the trial court. In case of failure to deposit the aforesaid amount within the stipulated period, his bail shall be treated to have been cancelled and he shall be taken into custody forthwith.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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. is issued and the 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 of the Indian Penal Code.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.
(vi) The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad and the concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.6.2021 Rao/-