The High Court allowed the bail application of Vishwambhar Nath, an accused in a case under the Essential Commodities Act, directing his release on personal bond and sureties subject to standard conditions.
Released on bail by furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28547 of 2019
Applicant :- Vishwambhar Nath Opposite Party :- State Of U.P. Counsel for Applicant :- Shivendra Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Shivendra Kumar Gupta, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
This bail application has been filed by the accused-applicant Vishwambhar Nath, who is involved in Case Crime No. 0053 of 2019, under Section 3/7 Essential Commodities Act, Police Station Ahraura, District Mirzapur.
Learned counsel for the applicant submits that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that 20 cylinders are said to have been recovered from the possession of the applicant is totally false and fabricated. The said 20 cylinders are related to Prabha Gas Agency. It is further submitted that no public witness was taken at the time of recovery. Applicant is in jail since 8.7.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, recovery from the possession of the accusedapplicant and without commenting upon the merit of the case, I am of the opinion that the applicant is entitled to be released on bail.
Accordingly, bail application is allowed .
Let applicant Vishwambhar Nath be released on bail in the aforesaid case crime on his furnishing a personal bond and two
reliable sureties to the satisfaction of the court concerned subject to the following conditions:-
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 :- 12.9.2019 Manoj
2 issues framed by the court
Whether the applicant is entitled to be released on bail given the allegations of false implication and recovery of recovered items.
What conditions must be imposed upon the applicant when released on bail.
Colour shows how this judgement treated each authority
Section 313 Cr.P.C.Referred¶14
Vishwambhar Nath
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
