Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11600 of 2018 Applicant :- Ram Sajeevan Opposite Party :- State Of U.P.
Counsel for Applicant :- Amrendra Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record.
Applicant-Ram Sajeevan seeks bail in Case Crime No. 143 of 2014 under Sections 3/7 of the Essential Commodities Act, 1955 Police Station Beejpur District Sonebhadra during the pendency of trial.
As per prosecution case, the applicant is a licensee of fair price shop. On an inspection, the quantity supplied to him was found less. It is alleged in the FIR that he used malpractices and sold some of its part to the customers from the stock.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to enmity. It is next contended that the S.D.M, after inspecting the stock of the fair price shop observed that no irregularity has been committed by the applicant. The applicant is languishing in jail since 04.02.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicant Nadeem involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.3.2018 Sumit S