Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7325 of 2021 Applicant :- Rampal Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Mukesh Kumar Jha Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicant Rampal Singh in Case Crime No. 0066 of 2001, under section 3/7 of the Essential Commodities Act, P.S.- Aurangabad, District - Bulandshahar.
Submission of the learned counsel for the applicant is that applicant is fair price shop dealer and the F.I.R. has been lodged against him by the supply inspector in respect of incident dated 10.02.2021. Further submission is that on inspection it was found that the applicant had not prepared the ration distribution register and thereafter he got the ration register available in which there was fake entries which was done in order to confuse the authorities.
Submission of the learned counsel is that on the basis of F.I.R. his dealership has already been cancelled, the persons whose named has been shown in the F.I.R. have given affidavit in favour of applicant, as such prima facie case for anticipatory bail is made out. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of her either fleeing away from the judicial process or tampering with the evidence.
Learned AGA has vehemently opposed the prayed of bail and has submitted that the F.I.R. has been lodged in respect of irregularities committed by the applicant in the ration distribution and his dealership has already been cancelled.
Considering the submissions of both the sides, considering the fact that the F.I.R. has been lodged on 13.02.2021 and till now the applicant has not been arrested there is nothing on record to show that any serious effort has been made to arrest the applicant, it is pertinent to mention that the anticipatory bail is not a substitute of a regular bail and for it, some extraordinary circumstances are required in comparison to regular bail. There should be some special reason for taking recourse of the provisions of anticipatory bail. There must also be a threat of arrest of the accused. The applicant has not been able to show any real threat of arrest or any extraordinary circumstances, as such, I do not find any ground for giving benefit of anticipatory bail, hence the anticipatory bail application filed by the applicant is rejected.
Regular bail application may be given before the appropriate forum and if such application is given, the court below shall consider and disposed of the bail application expeditiously and preferably on the same day in accordance with law.
Order Date :- 28.7.2021 Bhanu