The Allahabad High Court has granted bail to an accused in the case of the death of 144 people due to spurious liquor under Deoband police station of Saharanpur district.
A single-judge bench of Justice Rahul Chaturvedi passed this order while hearing a Criminal Misc Bail Application filed by Vipin Kumar.
By means of the application, the applicant who is involved in case under Sections 60 (A) of Excise Act and Sections 304, 328, 272, 273, 120-B IPC, Police station Deoband, District- Saharanpur is seeking enlargement on bail during the trial.
The counsel for the applicant submitted that the applicant is languishing in jail since February 14, 2019 and if he is released on bail, he will never misuse the liberty of bail.
Additional Government Advocate opposed the prayer for bail but could not dispute the facts and the legal submissions as argued by the counsel for the applicant.
“The submissions made by counsel for the applicant, prima facie, quite appealing and convincing for the purpose of bail only. Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail,” the Court observed.
The Court ordered, “Let applicant Vipin Kumar 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 shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(ii) 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 IPC.
(iii) 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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.