Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 187 of 2019, under Section 3/7 of Essential Commodities Act, police station Dakor, district Jalaun, during the pendency of trial.
Learned counsel for the applicant submitted that on 17.12.2019, first information report has been lodged by the Additional District Cooperative Officer alleging inter alias that 70 bags of Urea were being illegally sold at the Fertilizer Sales Centre more than the price mentioned thereon and these were obtained without proper receipt in this regard. The aforesaid 70 bags of Urea were recovered from Bolero Pickup bearing No. UP 91 T 2990, which was being driven by co-accused Brijendra at that time. Main substratum of argument of learned counsel for the applicant is that neither the applicant is owner of the said vehicle nor has any concern with the aforesaid recovery of 70 bags of Urea from the possession of co-accused Brijendra. It is also submitted by the learned counsel for the applicant that the name of the applicant came into light in the statement of co-accused Brijendra, which was recorded by the informant himself, in which he has disclosed the name of applicant by contending that the said recovered bags of Urea were to deliver to the present applicant. It is next submitted by the learned counsel for the applicant that there is no corroborative or linking evidence for implicating the applicant in the present case. It is also submitted by the learned counsel for the applicant that co-accused Brijendra, from whose possession recovery of alleged 70 bags of Urea has been made, has already been granted bail by co-ordinate Bench of this Court vide order dated 19.02.2020 in Criminal Misc. Bail Application No. 7786 of 2020, and the case of the applicant stands on much better footing than that of co-accused Brijendra, therefore, the applicant is also entitled to be released on bail. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 05.03.2020. He does not have any criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Hari Purwar @ Harishchandra, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 4.2.2021 Sazia