Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15370 of 2018 Applicant :- Mahatam Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Amaresh Yadava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against Balram and Khujju alleging that on 6.7.2017 Sobari, husband of complainant died due to consumption of wine sold by Balram and Khujju.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 28.7.2017(about nine months); criminal history has been explained; he has been falsely implicated in the present case; there was no intention or knowledge that by drinking said wine any person can die; there is no chemical examination report to show that wine was adulterated which may cause death. in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Mahatam Yadav involved in Session Trial No. 562 of 2017, Case Crime No.168 of 2017, under Section 272, 273, 284, 304, 328 IPC, Police Station Raunapar, District Azamgarh 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 following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.4.2018 P.P.