Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24722 of 2019 Applicant :- Sintu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Misra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Applicant- Sintu seeks bail in Case Crime No. 14 of 2019, under Sections 272, 273 IPC and 60(1), 63 of U.P. Excise Act, Police Station Sikanderpur, District Balia.
Heard learned counsel for the applicant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case; co-accused Abhishek Yadav @ Harendra Yadav and Shravan Chauhan have already been granted bail by co- ordinate Bench vide Criminal Misc. Bail Application No. 14722 of 2019 and 8706 of 2019 by order dated 2.5.2019 and 24.4.2019 respectively; argument is that there is no test report indicating that the alleged liquor contaminated or injuries to life and the case of the applicant is similar to the co-accused; . t has been further submitted that applicant is in jail since 1.5.2019.
Bail has been opposed by learned AGA on behalf of the State but could not dispute the factum of parity as claimed by learned counsel for the applicant.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.6.2019 Shahid