Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6831 of 2018 Applicant :- Devanand Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons namely, Rakesh Singh, Devendra Yadav and Mulayam Yadav alleging that on 20.1.2018 they were arrested by the police with 1800 bottles (shishi) illegal and adulterated wine.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. Offences under Sections 272 and 273 IPC are not made out against the applicants. There is no independent witness. There is no chemical examination report to show that recovered wine was adulterated. They are languishing in jail since 20.1.2018 (more than one month) having no criminal history and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Devanand Yadav and Mulayam Yadav involved in Case Crime No. 15 of 2018, under Sections 272, 273 IPC & 60/63 Excise Act, P.S. Chiraiyakot, District Mau be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which they are accused, or suspected of the commission, of which they are suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 22.2.2018 A. Singh