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2015 DIGILAW 1611 (ALL)

Sanjeev Singh v. State of U. P.

2015-06-24

HARSH KUMAR

body2015
JUDGMENT Harsh Kumar, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. It is contended on behalf of the applicant that the applicant has been falsely implicated in the present case for the offences under section 60/63 of U.P. Excise Act, which are bailable offence; that section 72 of U.P. Excise Act does not provide any punishment rather it provides for confiscation of things; that applicant has also been charged under the U.P. Gangster Act; that co-accused Rakesh has been granted bail by another Bench of this Court vide order dated 17.6.2015 in Bail Application No. 21568 of 2015; that the applicant has no criminal history; that the applicant is in custody since 16.5.2015 and may kindly be released on bail. 3. Learned A.G.A. opposed the prayer of bail and contends that the applicant belongs to State of Haryana. 4. Upon hearing the counsel and perusal of record as well as considering the complicity of accused, severity of punishment as well totality of facts and circumstances, grant of bail to co-accused, at this stage without expressing any opinion on the merits of the case, I find it a fit case for bail. 5. Let the applicant Sanjeev Singh be released on bail in Case Crime No. 358 of 2015, under section 60/63/72 of U.P. Excise Act, 420 IPC and 2/3 Gangster and Anti Social Activities Act, P.S. Kotwali Dehat, District Bulandshahar on furnishing a personal bond and two sureties (atleast one local) each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: - (i) The applicant will cooperate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in absence without sufficient cause, it will be deemed that they are abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not harm and harass the victim in any manner whatsoever. (iv) The applicant will not indulge in any unlawful activities. (iii) The applicant will not harm and harass the victim in any manner whatsoever. (iv) The applicant will not indulge in any unlawful activities. 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 applicants to prison.