Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15674 of 2018 Applicant :- Mahi Pal Opposite Party :- State Of U.P. Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that offence under Section 3/7 Essential Commodities Act is not attracted in the present matter against the applicant. He was the driver of the vehicle in question and was not aware about the fact that food grain was related to a control shop. It was further submitted that the case of the present applicant is distinguishable with the case of co- accused. Mens-rea is also not available in the present matter against the applicant. The applicant has no criminal history and is in jail since 20.03.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mahi Pal involved in Case Crime No. 275 of 2018, under Section 3/7 Essential Commodities Act, P.S. Kotwali Dehat, District - Bulandshahr be released on bail on furnishing a personal bond and two heavy sureties (not less than Rs. 3 lakhs) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.4.2018 Sanjeet