Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated, and he was merely a driver. He further submits that the recovery of 1400 litres of kerosene oil is alleged to have been recovered from the possession of the applicant. He further submits that the applicant does not have any concern with the said oil and in fact, the recovered oil belongs to the fair price shop dealer. The applicant does not have any criminal history and is in jail since 2.10.09.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Kalyan Rai involved in Case Crime No. 1589 of 2009 under Section E.C. Act ,P.S. Pooranpur, District Pilibhit be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 4.1.2010 vinay