Allahabad High Court
Zhueb @ Shoeb vs State Of U.P. on 6 August, 2019
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31722 of 2019 Applicant :- Zhueb @ Shoeb Opposite Party :- State Of U.P. Counsel for Applicant :- Abdul Majeed, Sufia Saba Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Ms. Sufia Saba, learned counsel for the applicant, Sri Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Zhueb @ Shoeb with a prayer to release him on bail in Case Crime No. 0735 of 2018, under Section 60(1) of U.P. Excise Act and Section 272 I.P.C., Police Station- Ganj, District- Rampur, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. As per the version of the F.I.R., the applicant along with other accused persons were involved in the manufacturing of illicit liquor. The police party raided on the spot and he is said to have showing recovery of 40 liters illicit liquor, 4kg urea and 4 liters spirit and one and a half liters caramel. It has been further argued that the applicant has not been arrested on the spot nor any recovery has been made either on his pointing out from his possession. It is next submitted that the applicant is languishing in jail since 18.06.2019. The criminal history of applicant has been explained in paragraph no.13 of the affidavit accompanying with the bail application. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.8.2019 Priya