Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20820 of 2018 Applicant :- Raj Sharma @ Raja Sharma Opposite Party :- State Of U.P. Counsel for Applicant :- Nitin Sharma 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 the co-driver of the vehicle in question. Liquid said to have been recovered in the matter does not come under the definition of kerosene oil. In fact, it was industrial solvent. Mens rea to attract the offence u/s 3/7 Essential Commodities Act is not available in this case. Referring to the facts and circumstances of the case, it is further argued that none of the ingredients to attract the breach of any control order is available in this matter. Applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 13.4.2018 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, 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 Raj Sharma @ Raja Sharma involved in Case Crime No. 394 of 2018 under Section 3/7 Essential Commodities Act, P.S. Kotwali Dehat, District Bulandshahar be released on bail on his furnishing a personal bond and two heavy sureties 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 default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 31.5.2018 ss