Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41100 of 2018 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Rahul seeking bail in Case Crime No.248 of 2018, under Section 3/7 of Essential Commodities Act, P.S. Khurja Dehat, District- Bulandshahar.
Learned counsel for the applicant has submitted that the applicant is only a driver of vehicle, from which, 15 bags of wheat and 15 bags of rice are shown to have been recovered.
Learned counsel for the applicant has further submitted that on a freight of Rs.500, applicant has loaded the said goods on his vehicle and he has no concern whatsoever with the seized food-grains, which is alleged to have been sold by fair price dealer co-accused Rahul.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 27.09.2018. Prospects of conclusion of trial at an early date is very bleak due to heavy dockets.
He has further submitted that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from the judicial process and tampering with the evidence.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Rahul be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.10.2018 cks