Heard learned counsel for the applicant, learned A.G.A.for the State and perused the record.
The instant bail application has been filed with a prayer that the bail application of the applicant-Umashankar Yadav @ Umesh @ Umesh Singh Yadav, involved in Case Crime no.703 of 2020, under Sections-120-B, 201, 409, 420, 272, 273 I.P.C., Police Station-Mohanlalganj, District-Lucknow be allowed and the applicant be released on bail.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Learned counsel further submits that as per prosecution story, recovered Mustard Oil, Refined Soyabean Oil and Refined Palmoline Oil were given by the informant/officer of Food Safety Department in the custody of the applicant, who is relative of main accused namely Pushkar Singh, Himkar Singh and Madhukar Singh, who are Directors of the firm i.e. M/s Yashodhara Industries situated at Village-Bhadauri, Mohanlalganj, Lucknow. Learned counsel further submits that Devi Dayal Agarwal is CEO of the said firm. Learned counsel further submits that the said recovered goods, given in the custody of the applicant, was kept in the premises of the said firm and during the period of lockdown, due to COVID-19 pandemic situation, it were stolen by unknown persons. Learned counsel further submits that the information of alleged theft was given by co-accused-Devi Dayal Agarwal on 20.04.2020 to the concerned police authorities and F.I.R. was lodged on 18.05.2020. Learned counsel further submits that the information of alleged theft was also given to Food and Safety Department/informant. Learned counsel further submits that although, the applicant was custodian of the recovered goods but it was not in his real and actual custody. Learned counsel further submits that the co-accused namely Pushkar Singh, Madhukar Singh and Devi Dayal Agarwal have already been enlarged on bail by the lower Court. Learned counsel further submits that the details of two other criminal cases, lodged against the applicant, have been explained in para 16 of the affidavit wherein the applicant has already been enlarged on bail.
Learned counsel further submits that the applicant is law abiding person and is languishing in jail since 13.01.2021. Learned counsel further submits that if the applicant is released on bail, he will not misuse the liberty granted by this Court and will cooperate with the proceeding before the trial Court.
Learned A.G.A. vehemently opposed the prayer for bail but did not dispute the factual submission made by the learned counsel for the applicant. Learned A.G.A. further submits that as per instructions available with him, the offence is grievous, so in view of the gravity of the offence, the applicant is not entitled for bail.
Looking into the facts and circumstances of the case and material available on record, without expressing any opinion on the merits of the case, I am of the view that the bail application of the applicant is liable to be allowed.
Application is allowed.
Let the applicant-Umashankar Yadav @ Umesh @ Umesh Singh Yadav, involved in the aforesaid case crime 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 :-
(i)The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 8.4.2021/Mahesh