Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40442 of 2019 Applicant :- Sunil Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 186 of 2019, under Sections 420 and 409 I.P.C., P.S. Banda, district- Shahjahanpur, is seeking enlargement on bail during the trial.
The FIR of the incident was lodged by the 'Zila Khadya Bipran Adhikari', Shahjahanpur, alleging therin that during inspection of wheat he found some irregularities at the wheat purchase centre. Centre Incharge Sri Kailash Prabhari was not present. Weighing of wheat was going on but farmers were also not present there and it was alleged that the wheat was purchased from the farmers on less rate as specified by the government.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to some ulterior motive. The applicant is only 'parivahan thekekar' and the only works of the applicant was to handle the wheat which was coming to the purchase centre and all the irregularities, if any, have been committed by the centre incharge. He next submitted that the applicant is absolutely innocent and he has nothing to do with the alleged crime. Further submission is that all the offences are triable by the court of Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 30.8.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A. However, it has not been disputed that the work allotted to the present accused was only handling and loading of the wheat.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Sunil Kumar involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 27.9.2019 Faridul