Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4036 of 2019 Applicant :- Pawan Kumar Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Devesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 29.1.2019.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, in inspection of fair price shop of Bhupendra Kumar Verma(died), accused Surendra Kumar Gupta was found working as Salesman; Surendra Kumar Gupta and Suresh Chandra Verma reported that accused Pawan Kumar Sharma has collected food-grains(29.10 quintal wheat, 19.40 quintal rice and 388 litres kerosene oil), of 194 card holders by forging in Adhar cards and sold in black market. FIR has been lodged against Pawan Kumar Sharma, Surendra Kumar Gupta and Suresh Chandra Verma.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 26.8.2018(more than five months) having no previous criminal history. He has been falsely implicated. He has no concern with dealing of fair price shop in question. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no previous criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Pawan Kumar Sharma involved in Case Crime No.599 of 2018, under Section 420 IPC and 3/7 Essential Commodity Act & 66-Kha, 66-Ga, 66-Gha Information Technology(Amendment) Act, 2008, Police Station Civil Line, District Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
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 court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 P.P.