Heard Sri Pradeep Kumar Pandey, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State.
This anticipatory bail application has been moved seeking bail in Case Crime No. 1000 of 2018, under Sections 3/7 of Essential Commodities Act, 1955 and Sections 409, 420, 467, 468 & 471 of I.P.C. and Section 39 D Adhar (Targeted Delivery of Financial and other Subsidy Benefit Services) Act, 2016 and 66 of C.I.T. Act, Police Station Sardhana, District Meerut, during the pendency of trial.
As per F.I.R., lodged by Regional Food Officer, it has been stated that a team was constituted for legal action to be taken against those persons who were misusing the Adhar authentication facility in pursuance of Office Order No. 1561 dated 24.08.2018. The Food Commissioner has apprised through a letter that in city areas for distribution of the food grains under fair price shops automation system, e-Pos machines were provided. The said facility was being misused and study was conducted of the date which was available after month of July, 2018 and it was found that in several matters actual beneficiaries' Adhar Card was edited and some other persons' Adhar card was feeded. In this manner, some other person's biometric facility was used in order to complete the transaction and in this manner, the food grains were defalcated. The four fair price shops, of which the applicants are the dealers, are found to have drawn the food grains by indulging in manipulation in data and are found to have indulged in black marketing of food grains.
The submission of the learned counsel for the applicants is that the accused applicants have been falsely implicated in the present case. It is argued that the co-accused Smt. Sunita has been granted anticipatory bail by co-ordinate bench of this Court vide order dated 23.02.2021 in Criminal Misc. Anticipatory Bail Application No. 3703 of 2021. He has drawn attention towards the order dated 05.02.2020 passed by Division Bench of this Court in Criminal Misc. Writ Petition No. 30 of 2020 (Mairajuddin v. State of U.P. and 4 others), in which prayer was made for conducting fair investigation and in that order, a direction was given to Principal Secretary (Home), Government of U.P. to look into the matter. After having drawn attention to the aforesaid order, it is argued that applicants have been falsely implicated as there is no specific role assigned to them nor any specific quantity of the food grains is stated to have been defalcated by them and they have been falsely implicated due to enmity with the informant of this case. They are apprehending imminent arrest by the police. They have no criminal history. If released on bail they would not misuse the liberty and would co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer for granting anticipatory bail to the accused applicant.
List this case on 28.04.2021 and by the said date, counter affidavit be filed from the side of learned A.G.A. stating therein specific role of the accused as well as the quantity, if any, which have been found defalcated by the accused applicants.
Taking into consideration the gravity of accusation, there being no criminal antecedents of the applicant and there being no possibility of his fleeing from justice, without expressing any opinion on the merits of the case, the applicant is entitled to be released on interim anticipatory bail in this case.
In the event of arrest of the applicants Sandeep Kumar Vishnoi, Mahipal Singh, Veerpal Singh and Sant Kumar Jain involved in Case Crime No. 1000 of 2018, under Sections 3/7 of Essential Commodities Act, 1955 and Sections 409, 420, 467, 468 & 471 of I.P.C. and Section 39 D Adhar (Targeted Delivery of Financial and other Subsidy Benefit Services) Act, 2016 and 66 of C.I.T. Act, Police Station Sardhana, District Meerut, they shall be released on interim anticipatory bail during investigation till the date fixed, on their furnishing a personal bond of Rs. 25,000/- each with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions:
1. that the applicants shall make themselves available for interrogation by a police officer as and when required;
2. that the applicants 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/them from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicants shall not leave India without the previous permission of the court;
4. that in default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
Order Date :- 5.4.2021 VPS