Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56734 of 2019 Applicant :- Sagar Chaurasia Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Neta Singh Counsel for Opposite Party :- G.A
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 336 of 2018, under Sections 420, 467, 468, 471 IPC, Section 3/7 of Essential Commodities Act and section 66- D of Information Technology (Amendment) Act, 2008, police station Kotwali Jalaun, District Jalaun, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that main allegation in this case is against Smt. Kesh Kumari (fair price shop dealer), who was involved in black marketing after getting irregularities committed by editing in data base of 155 card holders. It is next submitted that applicant has no concern with the matter. He was engaged as daily wage employee in the office of District Supply Officer. Applicant is not government servant. It is further submitted by learned counsel for the applicant that applicant has been involved total in seven cases including the present case of the similar nature and out of those eight cases, applicant has been granted bail in four cases being case crime nos. 328 of 2018, 330 of 2018, 331 of 2018 and 535 of 2018 vide orders dated 08.08.2019, 26.09.2019, 16.10.2019 and 23.09.2019 passed in Criminal Misc. Bail Application Nos. 32160 of 2019, 39798 of 2019, 39249 of 2019 and 37405 of 2019 respectively. The case of present applicant is distinguishable from co-accused Smt. Kesh Kumari. The applicant is languishing in jail since 29.01.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail.
Hence, the bail application is hereby allowed.
Let the applicant Sagar Chaurasia, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 19.12.2019 Sazia