Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31398 of 2018 Applicant :- Subodh Bansal Opposite Party :- State Of U.P.
Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit and rejoinder filed by the learned A.G.A. and learned counsel for the applicant are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against two accused persons, namely, Subodh Bansal and Sachin Agarwal and one unknown person, owner of vehicle no.U.P.- 81-C.T. 1417, alleging that on 19.7.2018, 101 quintal wheat and 36 quintal rice was recovered, which is so called wheat and rice of fair price shop.
Learned counsel for the applicant submitted that he has got the licence of selling and purchasing of wheat, which is annexed at page 31 of the bail application and it is not denied by the prosecution. He has been falsely implicated and no wheat and rice was recovered from the fair price shop. He has done nothing wrong black marketing and he has no concern with black marketing of any type of wheat. His brother Sachin Agarwal has also licence of sale and purchase of wheat. Due to some reason he has been falsely implicated without any evidence. Previously, he was also implicated in three cases. Out of which, in two cases proceedings were stayed by this Court and in one case he is on bail. Due to some reason or mistake, Food Department has annoyed with the applicant and again and again he has been falsely implicated in such type of cases. There is no independent witness against the applicant and according to prosecution case only four sacks using of Government shop was recovered. Except this, there is no evidence against the applicant for black marketing of wheat provided by the Government to distribute the ration card holders. Applicant is languishing in jail since 20.7.2018 (near about two months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that only four old sacks were recovered and the applicant is a licence holder of selling and purchasing of wheat.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Subodh Bansal involved in Case Crime No. 358 of 2018, under Section 3/7 of Essential Commodities Act, P.S. Gandhi Park, District Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 17.9.2018 OP