Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9101 of 2021 Applicant :- Santlal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This anticipatory bail application has been filed on behalf of the applicant Santlal with a prayer to release him on bail in Case Crime No. 50 of 2021 under Sections 3, 7 of the Essential Commodities Act, P.S. Shahpur District Muzaffar Nagar.
Learned counsel for the applicant submits that he has been implicated mala fide in this case. He is a fair price shop dealer and the allegations about shortage in stock has been made without any basis. The FIR has been lodged three days after the inspection in order to humiliate and harass him. It is submitted that the applicant will not flee from justice and not misuse the liberty.
Learned AGA has opposed the prayer for bail with specific submissions that during inspection shortage in stocks to the extent of 37.26 quintal of wheat, 26.38 quintal of rice, 1.26 quintal of sugar and 1.26 quintal of gram were found at the applicant's fair price shop clearly showing that he was indulging in black marketing.
Considering the submissions made by the learned counsel for the applicant, the emergent situation due to COVID-19 pandemic where black marketing of any essential commodity would have a cascading effect on the welfare of the common man, the nature and gravity of the accusation, the fact that there are recorded unexplained shortage of stocks of the applicant in wholesome quantities and not marginal, but without expressing any opinion on the merits of the case, this Court does not find it to be one, where the applicant should be extended the privilege of anticipatory bail.
Accordingly, this application is rejected.
It is, however, clarified that the applicant's right to surrender and seek regular bail would not be prejudiced, nor any observation in this order shall be taken into account, while considering the applicant's regular bail plea by the Court below.
Order Date :- 13.5.2021 Deepak