Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2733 of 2019 Applicant :- Satendra Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri S.K. Tripathi, brief holder for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against Syam Balak Ram Yadav and salesman alleging that they were selling liquor, after consuming liquor seven persons died on 19.5.2018. Later on, some persons also died. During investigation, the name of the applicant was surfaced.
It is submitted by learned counsel for the applicant that co- accused namely Shyam Gupta and Deepak Chaturvedi have already been granted bail by this Court vide order dated 27.10.2018 and 4.12.2018 in Criminal Misc. Bail Application Nos. 40244 of 2018 and 43584 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. Applicant was not named in the F.I.R. The applicant is innocent and has been falsely implicated in the present case. Their death was an accidental, unintentional and without knowledge of accused. There is no chemical examination report to show that recovered wine was adulterated. Offences under Sections 272 and 273 IPC are not made out against the applicant. There is no independent witness against the applicant. He is languishing in jail since 25.5.2018 (near about eight months) 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 Satendra Singh involved in Case Crime No. 218 of 2018, under Sections 304/34, 272, 273 IPC & Section 60-A Excise Act, Police Station Sachendi, District Kanpur Nagar 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 :- 21.1.2019 A. Singh