Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14986 of 2021 Applicant :- Shuaib Alam Opposite Party :- State of U.P. Counsel for Applicant :- Sameer Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sameer Khan, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This application for bail has been filed by applicant- Shuaib Alam seeking his enlargement on bail in Case Crime No. 114 of 2020, under sections 3/7 Essential Commodities Act & 53 Apada Prabandhan Act and under Sections 420, 467, 468, 471 IPC, P.S.Ganj Line , District Rampur during pendency of trial.
Record shows that in respect of an incident which is alleged to have occurred on 03.04.2020, a delayed F.I.R. dated 04.04.2020 was lodged by first informant Sanat Kumar Singh, Sub Inspector (City Rampur) and was registered as Case Crime No. 114 of 2020, under sections 3/7 Essential Commodities Act & 53 Apada Prabandhan Act and under Sections 420, 467, 468, 471 IPC. In the aforesaid F.I.R. applicant has been nominated as solitary named accused.
As per the prosecution story as unfolded in the FIR, it is alleged that applicant who is a fair price dealer conducted fraud and forgery as distribution was not made in accordance with law. Deficiency in stock was found at the time of inspection. Further the guidelines pertaining to Pendamic COVID-19 were not followed.
Learned counsel for applicant contends that applicant is innocent. He has been falsely implicated in above mentioned Case Crime Number. Applicant is a man of criminal antecedent inasmuch as he has no criminal history. Applicant is in jail since 11.02.2021. It is next contended that as per the new system, distribution is made which is transparent, therefore, allegations made in the FIR are baseless.
There is no possibility of applicant fleeing away from the judicial process or tampering with the witnesses. In case, applicant is enlarged on bail, he shall not misuse the liberty of bail. On the aforesaid factual premise, it is thus urged that applicant is liable to be enlarged on bail.
Per contra, learned A.G.A. has opposed the prayer for bail.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused accusation made and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant, Shuaib Alam, involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with 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 :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.4.2021 Ashish Pd.