The Allahabad High Court has allowed the bail application of Akash, an accused in the Aligarh spurious liquor case. A single-judge bench of Justice Ram Krishna Gautam passed this order while hearing a Criminal Misc Bail Application filed by Akash. The Court heard the bail application moved by Akash in case under Sections 272, 273, 304, 34 IPC and Section 60-A of Excise Act, Police Station-Jawan, District Aligarh.
The counsel for the applicant argued that the accused applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since June 02, 2021; he has no criminal antecedent and there is no likelihood of fleeing from course of justice or tampering with evidence in case of release on bail.
The FIR of occurrence of May 27, 2021 was lodged at police station concerned on May 28, 2021 upon report of Harish Kumar against six named accused and two unknown salesman, wherein, name of applicant is not there neither he was licensee of the shop nor salesman of shop; his name was taken for the first time by co-accused Munish in his confessional statement, which is inadmissible; no recovery of present crime is from the applicant; subsequent implication of one case is with false recovery that too not connected with crime; co-accused Renu Sharma, under similar circumstances, has been enlarged on bail by the co-ordinate Bench of the Court in Crl Misc Bail Application. Hence, bail has been prayed for.
Additional Government Advocate opposed the plea but could not oppose this fact that the applicant has no criminal antecedent; he is not named in the FIR and his name was there in confessional statement of co-accused Munish; there is no recovery connecting present crime from the applicant.
“Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out,”
-the Court observed while allowing the bail application.
The Court ordered that, let the applicant, Akash, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.