Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11560 of 2018 Applicant :- Vikrant Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Misra 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, F.I.R. lodged against four accused persons namely, Vikrant Yadav, Vinod Yadav, Janardan and Mukesh Pandey alleging that they were arrested by the police with 4000 illegal and adulterated wine, nausadar and urea.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Offence under Section 272 and 273 IPC are not made out against the applicant. There is no independent witness. There is no chemical examination report to show that recovered wine was adulterated. He is languishing in jail since 18.2.2018 (more than one months) having no criminal history 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 applicant has no criminal history.
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 Vikrant Yadav involved in Case Crime No. 35 of 2018, under Sections 272, 273 IPC & 60(1)/63 of Excise Act, P.S. Sikandarpur, District Ballia 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 the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
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 :- 30.3.2018 A. Singh