Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36283 of 2021 Applicant :- Ajit Vishwakarma Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Bhan Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed on behalf of applicant in the Court today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant who is involved in Case Crime No. 166 of 2021, under Sections 379, 304, 34 and 411 I.P.C., P.S. Lohta, district-Varanasi, is seeking enlargement on bail during the trial.
The first information report was lodged by the informant against three persons, including present accused about the death of her husband, who was said to be thirty years of age and it was alleged in the FIR that accused persons had carried the husband of he complainant to the Bank and he had withdrawn Rs. 10,000/- from his bank account. Later on the accused persons offered drink to the husband of the complainant and when he became unconscious after taking liquor, all the accused persons had taken money from him and distributed it amongst them.
Learned counsel for the applicant submits that the applicant was habitual of wine drinking and due to excessive drinking he died. The applicant has nothing to do with this crime. He is absolutely innocent and has been falsely implicated in the present case due to village party bandi. The postmortem report of the deceased does not indicate any antemortem injury. Cause of death could not be ascertained. Viscera of the deceased has been preserved but the viscera report has not been received till date. He lastly submits that the applicant, who is in jail since 2.7.2021 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that it was no mention in the postmortem report that the deceased had died due to excessive drinking.
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 that the cause of death could not be ascertained, considering the facts and circumstances of the case 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, Ajit Vishwakarma be released on bail in the aforesaid case 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:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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 :- 20.12.2021 Faridul