Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6237 of 2021 Applicant :- Veerbhadra Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Dubey,Manoj Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, Veerbhadra, who is involved in Case Crime No. 100 of 2020, under Section 3/7 of the Essential Commodities Act, 1955 and Sections 409, 420 I.P.C., Police Station-Rampur Karkhana, District-Deoria, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the applicant is a fair price shop dealer. On 01.04.2020, F.I.R. was lodged by the Supply Inspector against the applicant alleging inter alia that he was involved in black marketing of essential commodities and has grabbed 55.66 quintal wheat and 38.70 quintal rice, which were issued to the applicant for distribution to the card holders. The main substratum of argument of learned counsel for the applicant is that there is no complaint of any card holders against the applicant. The averment in this regard has been mentioned in para 11 of the bail application. It is also submitted that the applicant has been falsely implicated by the authorities concerned for ulterior purposes. It is pointed out that after lodging F.I.R. dated 01.04.2020 agreement of fair price shop of the applicant has been cancelled vide order dated 04.07.2020 by District Supply Officer, Deoria, but the said order could not be challenged by the applicant because on 31.07.2020 the applicant was arrested and sent to jail in the present case. It is also submitted that earlier the agreement of fair price shop of the applicant was also cancelled vide order dated 22.12.2011, but subsequently the agreement of fair price shop was restored by Deputy Collector, Tehsil-Deoria Sadar, District-Deoria vide order dated 29.06.2013. It is next submitted that in the present case charge sheet has been submitted by the Police. The applicant is languishing in jail since 31.07.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Veerbhadra be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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. 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 6.4.2021 Sunil Kr. Gupta