Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31647 of 2018 Applicant :- Vakeel Sonker Opposite Party :- State Of U.P.
Counsel for Applicant :- Ranjeet Asthana Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Counter affidavit filed today is taken on record.
Heard Sri Ranjeet Asthana, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 176 of 2018, u/s 304, 504, 506 IPC, P.S. Ghosi, District Mau with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that according to prosecution, the applicant is owner of generator set, which was installed in a marriage ceremony on 25.6.2018; it is stated that the insulation of the wire was damaged at several places. At about 10.30 pm it started raining and the electric current got spread and due to electrocution one person died and some others received electric current. It is alleged that the applicant did not tape the naked wire properly which resulted in an unfortunate incident. It is argued that prima facie offence u/s 304 IPC is not made out. At best it may constitute an offence u/s 304-A IPC. The applicant has no criminal history and is in jail since 7.7.2018.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Vakeel Sonker involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.10.2018 Dhirendra/