Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52748 of 2019 Applicant :- Vasim Opposite Party :- State of U.P.
Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant, learned AGA who represents the State and perused the material on record.
The applicant was arrested in pursuance of an FIR lodged against him under Section 3/7 Essential Commodities Act, P.S. Chilkana, District Saharanpur.
The brief facts of the case are that an information was received by the police of police station Chilkana, district Saharanpur. A search was conducted through Supply Inspector with a team constituted by the District Supply Officer, Saharanpur at the spot which belongs to the present applicant. The search team has recovered about 210 liter of adulterated diesel. Based on the recovery of the adulterated diesel the applicant was arrested by the inspecting team with the help of the police personnel accompanying the said team.
The contention of the learned counsel for the applicant is that the the applicant took agricultural land of one Vinod Kumar on agreement for the purpose of agricultural activities. In this regard a copy of the agreement has been enclosed as Annexure 2 to the application as well copies of Khatauni of Vinod Kumar, who is the owner of the agricultural land. It is contented that the generator set, established at the agricultural land, was used for supplying the water through generator set for which diesel in question was purchased and used. Learned counsel for the applicant therefore submits that there was no ill intention on the part of the applicant nor the diesel in question was meant for sale or the applicant was charged for sale of diesel.
Having heard learned counsel for the parties and perused the documents, since the applicant is in jail with effect from 26.10.2019, I am of the opinion that the case for bail is made out.
Let the applicant- Vasim be released on bail in Case Crime No.471 of 2019, under Section 3/7 of Essential Commodities Act, P.S. Chilkana, District- Saharanpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 28.11.2019 S.S.