Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7914 of 2018 Applicant :- Heera Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Babu Sharma,Ardhendu Shekhar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, and learned A.G.A. for the State.
This bail application has been moved by the accused-applicant Heera Lal who is involved in Case Crime No. 221/2017, under Sections 302, 328/34 I.P.C., Police Station- Dhanari, District Badaun.
As per prosecution version, on 21.06.2017 at about 11:00 a.m., applicant and co-accused Nekase and Chandan had administered poison in liquor to Parmeshwari due to which he died.
It is contended by learned counsel for the applicant that applicant is brother-in-law of deceased Parmeshwari. F.I.R. has been lodged after 25 days of occurrence without any explanation. There is no criminal antecedent against applicant. Applicant has been made accused in this case due to enmity. Parmeshwari (Deceased) was habitual to take liquor and he took poisonous liquor himself.
Learned A.G.A. has opposed the prayer for bail and contended that applicant is named in F.I.R.
There is no external injury on the body of deceased Parmeshwari.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant Heera Lal be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Magistrate/court concerned.
Accordingly bail application is allowed. Order Date :- 28.2.2018 Sharad/-