Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7324 of 2018 Applicant :- Man Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, 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, Balwant Singh, Vijay Pratap Singh, Man Singh alleging that on 4.1.2018 Balwant Singh and Vijay Pratap Singh were arrested by the police with 4000 bottles litres illegal and adulterated wine and other materials, they shot fire at the police personnels but they escaped themselves and applicant fled away.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offences under Section 272 and 273 IPC are not made out against the applicant. Applicant was not arrested by the police. There is no chemical examination report to show that recovered wine was adulterated. He is languishing in jail since 20.1.2018 (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 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 Man Singh involved in Case Crime No. 05 of 2018, under Sections 272, 273, 420, 467, 468, 471, 307 IPC & 60/63 Excise Act, P.S. Jeanpur, 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 the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
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 :- 26.2.2018 A. Singh