Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the F.I.R., his name came into light after one year of the alleged incident in the statement of witness Pappu @ Lalla Singh. It has further been submitted that the alleged gas cylinders are said to be recovered from the house of co-accused Pradeep Kumar. There is no recovery from the house of applicant. The applicant has no concern with the alleged incident. He has falsely been implicated in the present case. The co-accused Anuj Kumar Singh @ Durgesh having identical role has already been granted bail by another Bench of this Court vide order dated 27.08.2015, therefore, the applicant is also entitled for bail on the ground of party. There is no criminal history of the applicant and he is in jail since 22.12.2015.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the fact that co-accused having identical role has already been released on bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Ved Prakash @ Neeti Prakash involved in Case Crime No.71 of 2014, Under Sections 3/7 Essential Commodities Act 1955, Police Station Manak Nagar, District Lucknow, be released on bail on his 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.
2. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 22.1.2016 Jitendra