Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29424 of 2022

Applicant :- Vishal

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Ajay Kumar Upadhyay

Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and

perused the material on record.

By means of this application, the applicant who is involved in Case Crime

No. 0276 of 2022, under sections 419, 420 I.P.C. and section 60(1) Excise

Act, P.S. Jagdishpura, district-Agra, is seeking enlargement on bail during

the trial.

As per prosecution case, on the tip off of 'mukhbir khas', a team of Excise

Department along with local police arrested the present accused and

recovered 6 bottles of Aromatic Cardamom Tincture from his possession.

It was also alleged that 121 bottles of Aromatic Cardamom Tincture were

also recovered from Krishna Medical Store near Bodla crossing, Agra.

Learned counsel for the applicant submits that the applicant has not

committed any offence but the Excise Department only to increase the

gravity of offence implicated the applicant in the present case. He next

submits that whether the Aromatic Cardamom Tincture is a kind of liquor

or medicine and in this regard he moved an application through RTI and in

reply to RTI application, the Assistant Commissioner (Drugs), Agra Zone,

Agra stated that inspection of an authorized license holder medical store

can be done only by a Drugs Inspector, except him no one can inspect the

license of the Medical shop. He also submits that the offences are triable

by court of Magistrate. He lastly submits that the applicant has no

criminal history and he is languishing in jail since 11.5.2022 and in case

he is released on bail, he will not misuse the liberty of bail and will

cooperate in trial.

The prayer for bail has been vehemently opposed by learned A.G.A.

Keeping in view the nature of the offence, evidence, complicity of the

accused, severity of the punishment, submissions of learned counsel for

the parties, considering the law laid down in the case of Data Ram Vs.

State of U.P. and others, 2018(3) SCC 22 and without expressing any

opinion on the merits of the case, this Court is of the view that the

applicant is entitled to be enlarged on bail during the pendency of the trial.

Let the applicant, Vishal involved in the aforesaid case be released on bail

on his executing a personal bond and furnishing two sureties each in the

like amount to the satisfaction of the court concerned subject to the

following conditions:-

1. The applicant will continue to attend and co-operate in the trial pending

before the court concerned on the date fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge in any illegal activities during the bail period.

It is further directed that the identity, status and residence proof of the

sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at

liberty to cancel the bail.

Order Date :- 17.8.2022

Faridul

Digitally signed by FAREEDUL

HASAN

Date: 2022.08.23 17:24:13 IST

Reason:

Location: High Court of Judicature at

Allahabad