Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11198 of 2018 Applicant :- Goril Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Mishra,Krishna Kant Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Ashok Kumar Mishra, learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, applicant F.I.R. lodged against three accused persons namely, Goril Yadav, Suraj Yadav, Sameer Yadav alleging that they were arrested by the police with 126 carton (peti) (12 bottle in each) illegal and adulterated wine.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offence under Section 272 IPC is not made out against the applicant. There is no independent witness. There is no chemical examination report to show that recovered wine was adulterated. He is languishing in jail since 26.2.2018 (more than one month) having no criminal history and in case he is released on bail, he 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 applicant and admitted that applicant has 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 applicant Goril Yadav involved in Case Crime No.
93 of 2018, under Section 272 IPC & Section 60/72 of Excise Act, P.S. Kotwali, District Ballia be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.3.2018 A. Singh