The court allowed a bail application filed by the applicant accused of selling illegal liquor resulting in six deaths, considering him a fit candidate for bail despite the grave allegations.
Bail granted by personal bond with two sureties on condition of not tampering with evidence, intimidating witnesses, and committing similar offenses.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4347 of 2019
Applicant :- Neeraj Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Anoop Trivedi,Ankit Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A. for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against seven accused persons, namely, Satish Mishra, Satish Chandra, Sarwan, Budhdhe, Ramshwaroop Singh Gaur, Vinay Singh Gaur, Neeraj Singh Gaur alleging that they were selling illegal liquor, after consuming liquor six persons died.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Their 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. There is no independent witness against the applicant. He is languishing in jail since 22.5.2018 (more than eight months) having no previous 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 privious 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 Neeraj Singh involved in Case Crime No. 142 of 2018, under Sections 304, 272, 273, 34 IPC and Section 60-A of the Excise Ac, Police Station Rura, District Kanpur Dehat 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:
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 :- 30.1.2019
A. Singh
1 issue framed by the court
Whether the applicant is a fit person for bail in a case of selling illegal liquor resulting in death.
Neeraj Singh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
