Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15270 of 2018 Applicant :- Subash Yadav @ Pintoo Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Priya Singh 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, the F.I.R. was lodged on 11.7.2017 against six accused persons, namely, Suresh Ram, Praveen Kumar, Rahul, Ganika Yadav, Subhash @ Pintu and Surendra @ Mulayam alleging that they were selling liquor, after consuming liquor Brajbhan was died on 6.7.2017.
It is submitted by learned counsel for the applicant that co- accused namely Suresh Ram has been granted bail by co- ordinate Bench of this Court vide order dated 13.3.30218 in Criminal Misc. Bail Application No. 7626 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. The applicant is innocent and has been falsely implicated in the present case. His 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. Criminal history of the applicant has been properly explained. He is languishing in jail since 15.7.2017 (more than nine months) 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 criminal history has been explained and the case of present applicant is identical to co-accused Suresh Ram who has been enlarged on bail.
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 Subash Yadav @ Pintoo involved in Case Crime No. 187 of 2017, under Sections 272, 273, 284, 304, 328, 120-B IPC, Police Station Jiyanpur, 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 A. Singh