Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7914 of 2019 Applicant :- Jagbeer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ehtesham Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Applicant happens to be fair price shop-keeper and claims to be innocent and has been falsely implicated in this case. He has no role to play in the commission of the offence. No offence has been committed by the applicant. There is no credible evidence appearing against the applicant to connect him with the alleged offence. He has not committed any irregularity in the distribution of food grains and the articles were correctly distributed among the ration card holders. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 24.10.2018.
Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let the applicant - Jagbeer Singh involved in Case Crime No. 699 of 2018, under Sections - 420, 467, 468, 471 I.P.C. and 3/7 Essential Commodities Act and 66 Information Technology Act, Police Station - Nauchandi, District - Meerut be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 25.2.2019 S Rawat