Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14932 of 2019 Applicant :- Awnish Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Saxena,Manoj Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Awnish Yadav has prayed to release him on bail in Case Crime No. 03 of 2019, u/s 326, 323, 504, 304 I.P.C., P.S. Sarai Khwaja, District Jaunpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in this very case crime number, whereas F.I.R. of Case Crime No. 02 of 2019 was lodged by Smt. Sushma against Lakshmina and Meera for an occurrence of 1.1.2019 at 10.00 A.M. with this contention that while informant was all alone at her home on 1.1.2019 at 10.00 A.M. Lakshmina and Meera assaulted her and thrown hot water over her. This occurrence was reported on 2.1.2019 at 21.08 hours at police station Sarai Khwaja, District Jaunpur, whereas subsequent F.I.R. was for the same occurrence was got lodged as Case Crime Number 3 of 2019 against Dinesh, Jitendra Kashyap and the applicant Awnish for offence punishable u/s 326A, 323 and 504 I.P.C. upon report of Smt. Sushma with this contention that on 1.1.2019 at about 3.30 P.M. while informant was on her way for taking meals for her mother-in-law Dinesh, Jitendra Kashyap and Awnish pressurized her for entering into a compromise in previously instituted case, which was not considered by her then they gave assault by legs and fists and upon rescue call her husband Gulab came there to save her. Accused-applicant Awnish poured acid from bottle from her back side. She was given medicine by her husband brought from a doctor at Sarai Khwaja. Owing to night she could not go to police station and in the morning of 2.1.2019 she went to District Magistrate and from there she went to Hospital and was admitted there at and this report was submitted. Meaning thereby F.I.R. of Case Crime No. 3 of 2019 was got lodged for the subsequent incident and no recital of the applicant was there in the earlier F.I.R. Subsequent report was against three accused persons in which the accused-applicant Awnish was assigned role of pouring acid but Medical Officers in Medico-Legal-Report as well as in autopsy examination report have specifically mentioned that it was burn by some hot liquid and not by any chemical substance. Meaning thereby the medical examination reports do not corroborate with the subsequent report. The accused-applicant was falsely implicated. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case he is released on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed the bail application with this contention that role of pouring acid has been assigned against the accused-applicant.
Having heard learned counsel for both the parties and gone through the material placed on record it is apparent that the Medical Officer, who had treated the informant- injured was of the opinion that this was a case of burn by some hot liquid and not by any chemical substance and this was also reported by the doctor, who conducted autopsy examination on the dead body of the deceased. Hence under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Awnish Yadav, 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.
Order Date :- 30.5.2019 Pcl