Court No. - 50
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11797 of 2021 Applicant :- Pramod Kumar Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Shailesh Kumar Shukla,Amar Nath Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Upon consideration of various aspects of this case and upon consideration of the accusation so made obviously it transpires that the allegations in this case is that the Inspector of the Supply Department upon visit being made to the fair price shop allotted to the applicant found that the shop was locked and when the register of the shop was checked, then certain anomalies and irregularities were found thereafter the complaint was filed by the informant for offence under Section 3/7 Essential Commodities Act.
In the backdrop of the factual allegations the argument of the applicant is that during Corona pandemic period the situation was so grim therefore, crowd was not allowed to be collected and no offence whatsoever has been committed by the applicant.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.
Also considered the submission.
So far as merit of this case is concerned at this stage the irregularities already existing in the shop of the register, which cannot be said to be minimised merely on account of prevailing Corona pandemic. Applicant may approach to the regular court for seeking regular bail.
Accordingly, this Criminal Miscellaneous Anticipatory Bail Application is disposed off.
Order Date :- 13.8.2021/Raj Digitally signed by Justice Arvind Kumar Mishra Date: 2021.08.17 16:42:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad