Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41728 of 2018 Applicant :- Sanjay Jaiswal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Rejoinder affidavit filed on behalf of the applicant is taken on record.Counter affidavit filed on behalf of the State is also taken on record.
Heard Sri R.P.Singh, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the applicant is a licensee of 100 metric tons of fertilizer and the allegation is that the applicant was found having 80 bags of fertilizer. It is further submitted that the applicant never violated any term and condition of license issued to him nor any provision of Fertilizer Control Order, 1985. No irregularity was found in the the stock register and sale register during the investigation by the investigating officer. The order dated 21.10.2014 passed by the District Magistrate was challenged by the applicant in Civil Misc. Writ Petition No.60379 of 2014 before this Court which was allowed on 12.11.2014.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 25.9.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. has vehemently opposed the prayer.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and also considering the submissions advanced by learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22, the applicant is entitled to be released on bail.
Without expressing any opinion on the merits of the case let the applicant Sanjay Jaiswal involved in Case Crime No. 203 of 2014 under Sections 3/7, E.C.Act, P.S.Ahraula, District- Azamgarh be released on bail on his furnishing a personal bond with two sureties each of Rs.1.00 lacs (One should be of his family member) in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence 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 applicants to prison.
Order Date :- 28.11.2018 IA