Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47146 of 2021 Applicant :- Virendra Giri Opposite Party :- State of U.P.
Counsel for Applicant :- Vinay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Virendra Giri seeking enlargement on bail during trial in connection with Case Crime No. 0041 of 2021, under Section 3/7 E.C. Act, registered at P.S.- Ubhaon, District- Ballia.
Allegations against the applicant are that the applicant without proper permission from the competent authority has distributed essential commodities to 55 card holders of Antodaya Scheme and 125 card holders of Patra Grihasti.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. At the time of stock verification, it was found that 30.78 quintal of wheat is less and 12.88 quintal of rice was in excess and it was not corresponding with the stock register. Further submitted that applicant has not committed the alleged offence. The offence is triable by the Magistrate 1st Class and maximum punishment provided for the offence is 7 years. There is no criminal antecedents of the applicant. There are no credible evidence against the applicant. Offences under section 3/7 E.C. Act are not made out against the applicant. Further submitted that the applicant is languishing in jail since 21.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Virendra Giri involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 22.12.2021 v.k.updh.