Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39460 of 2018 Applicant :- Raj Bahadur Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Dixit Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
By way of the instant application, the applicant seeks bail in Case Crime No.443 of 2014 under Sections 420, 467, 468, 471, 120B I.P.C. and 3/7 Essential Commodities Act, Police Station Katra, District Shahjahanpur.
Allegation is that the first information report was lodged at the instance of the Regional Food Officer and the proceeding was initiated after recommendation of the concerned department of the government against fair price shopkeeper Rahman son of Banne who was running fair price shop at village Raipur Saidapur, Block Khudaganj, Tehsil Tilhar, District Shahjahanpur and he was involved in committing various irregularities, therefore, the case was registered at Case Crime No.443 of 2014 under Sections 420, 467, 468, 471, 120B I.P.C. and 3/7 Essential Commodities Act and proceedings were drawn. During course of the investigation, complicity of the applicant surfaced on the ground that he acted in collusion with the co-accused including the fair price shopkeeper.
Contention has been raised on behalf of the applicant that the applicant has not played any active role in commission of the offence as alleged in the first information report. He is not licensee of fair price shop. There was no occasion for him to facilitate the co-accused to commit the crime. The applicant happens to be illiterate person and the elected Pradhan of the village. If the applicant is admitted to bail, there is no possibility of absconding and misusing the liberty of bail.
Learned A.G.A. has submitted that in this case, it is admitted to the applicant that Secretary and Lekhpal of the village have used seal of the applicant in order to carry out various irregularities in the distribution of the commodities to the villagers by the fair price shopkeeper and the applicant is in collusion with co-accused thus actively involved in the commission of the offence.
Considered the rival submissions and perused the material brought on record. No good ground is made out for bail.
Accordingly, the instant bail application is rejected.
The observation made in this bail order shall not prejudice the trial court while deciding the trial on merit.
Order Date :- 28.11.2018 rkg