Court No. - 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 727 of

2022

Applicant :- Ramu

Opposite Party :- State of U.P.

Counsel for Applicant :- Sanjay Singh

Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Heard Shri Sanjay Singh, learned counsel for the applicant and

learned A.G.A. for the State and perused the material on record.

The present bail application has been filed on behalf of

applicant Ramu under Section 439 of the Code of Criminal

Procedure, with a prayer to release him on bail in Case Crime

No. 596 of 2021 for offence punishable under Sections 272,

273, 304 of the Indian Penal Code and 60(A) Excise Act,

registered at Police Station Tajganj, District Agra, during

pendency of the trial, after rejecting the bail application of the

applicant by Additional Sessions Judge/Special Judge (S.C./S.T.

Act), Agra vide order dated 30.11.2021.

Brief facts of the case are that the First Information Report

dated 26.8.2021 has been lodged by father of the deceased Sunil

against five named persons excluding the applicant stating that

son of the first informant purchased liquor on 22.8.2021 from

co-accused Kishan Devi @ Kishni. After drinking the liquor

along with Tara Chand, they started vomiting and both have

died. Co-accused Kishan Devi @ Kishni purchased the

adulterated liquor from one Dara Singh. Co-accused Sanuj

Bansal was the licensee of country made liquor. Co-accused

Kamlesh was salesman of co-accused Sanuj Bansal. Co-accused

Kishan Devi @ Kishni sold the adulterated illicit liquor to the

persons.

Before lodging of the first information report, inquest of the

bodies of deceased Sunil and Tara Chand was conducted on

24.8.2021 & 23.8.2021 respectively. Postmortem of both the

dead bodies was conducted on 24.8.2021. As per postmortem

report of Sunil, viscera was preserved and in FSL report, Ethyl

Alcohol and Methyl Alcohol were found. As per postmortem

report of Tara Chand, cause of death was Septicemia shock as a

result of chronic disease. After recording the statements of

prosecution witnesses, charge sheet has been submitted against

the applicant and five named and five unknown persons on

23.10.2021.

Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the present case due

to ulterior motive. It is further submitted that the applicant is

not named in the first information report. Name of the applicant

surfaced in the confessional statement of co-accused Dara

Singh. It is further submitted that no incriminating article has

been recovered from the possession of the applicant as well as

co-accused Dara Singh. It is further submitted that there is no

evidence to whisper about the complicity of the applicant in the

present case. The applicant has no concern or relation with the

co-accused persons. It is further submitted that co-accused

Bachchu Singh and Sanuj Bansal have been granted bail by the

Coordinate Benches of this Court vide orders dated 9.2.2022 &

28.3.2022 in Criminal Misc. Bail Application Nos. 49419 of

2021 & 46186 of 2021 respectively.

He has next argued that the applicant has no previous criminal

history. After the arrest made in the present case, he has been

implicated in five other criminal cases of same nature out of

which in two cases, he has been granted bail by the court below

and in one case, he has been granted bail by this Court. It is

further submitted that if the applicant is released on bail, he

shall not misuse the liberty of bail.

Per contra, learned A.G.A. has supported the order passed by

the Sessions court and vehemently opposed the prayer for grant

of bail to the applicant and submits that the allegations involved

are very serious in nature and the delay in lodging the FIR

cannot be said to be fatal to the case at this juncture while

considering the application of bail. But he could not point out

any material to the contrary. He further submits that in case the

applican