Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20523 of 2018 Applicant :- Surendra Yadav Alias Mulayam Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Yadav,Shiva Kant Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to prosecution case, F.I.R. was lodged against four accused persons, namely, Ram Nayan Gaud, Subhash @ Pintu, Ganika Yadav, Surendra @ Mulayam Yadav, alleging that 07.07.2017 Vinod Sharma (son of the complainant) was died after consuming wine sold by these accused persons.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there was no intention or motive to kill the deceased; there is no chemical examination report to show that the recovered wine was adulterated; no offence is made out against this accused; several cases have been roped by the Police against the applicant after this incident; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 15.07.2017 (one year and four months); twenty cases of criminal history have been explained. Learned counsel for the applicant further submitted that there is no possibility of case being decided in near future.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the 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 opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Surendra Yadav Alias Mulayam Yadav involved in the Case Crime No. 189 of 2017, under Sections 272, 273, 284, 304, 328 I.P.C., P.S. Jiyanpur, District Azamgarh be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 27.11.2018/OP