Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.307 of 2018, under Sections 323, 328 I.P.C., Police Station Mahanagar, District Lucknow.
As per version of F.I.R. complainant is resident of House No.5, Faizabad Road, Lucknow. On 13.07.2018 applicant was serving in the house as domestic servant and was cooking food for the family members. It is alleged that on 13.07.2018 applicant administered some poisonous substance to the father, mother and a child of the family of the complainant due to which they were seriously ill. They were taken to Sahara Hospital where they were admitted in ICU and their treatment was continuing. Then this F.I.R. was lodged. Later on the victims were discharged from the hospital and their statement was recorded under Section 161 Cr.P.C. victims have stated in their statement that applicant was working in the house as a domestic servant. On the date of occurrence, i.e. on 13.07.2018 applicant prepared some food and beverage which was served to them in which some poisonous substance was given to them. After sometime they became semi unconscious.
All the three victims have given statement in support of the prosecution case. Discharge summary from the Sahara Hospital has been filed which shows that Master Lakshya Agaarwal was diagnosed with suspected poison whereas Jagdish Agarwal and his wife Smt. Sheela Agarwal were diagnosed with Alprazolam poison. Learned A.G.A. has stated that when applicant was arrested from his bag Alprazolam tablets were recovered.
While opposing the bail, learned A.G.A. has stated that applicant was domestic servant in the house of the complainant and he had served vegetables and food items to the family members of the complainant which was found to be poisonous. On the other hand, learned counsel for the applicant has submitted that there was some dispute regarding salary between the applicant and the complainant due to which this false F.I.R. has been lodged. However, there is no material on record to substantiate this contention. There is clear allegation against the applicant. There is no reason for false implication of the application.
Considering the entire facts and circumstances of the case, I do not find it to be a fit case for granting bail. Accordingly, the bail application is hereby rejected.
Order Date :- 27.8.2019 ML/-