Court granted bail to the applicant accused of criminal misconduct under IPC and Essential Commodity Act. Bail allowed on personal bond and two sureties subject to specific conditions.
Released on bail on executing a personal bond and furnishing two sureties each.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37059 of 2019
Applicant :- Suresh Singh Banaphar Opposite Party :- State Of U.P. Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Suresh Singh Banaplhar in connection with Case Crime No.0014 of 2019, under Sections 409 I.P.C. & Section 3/7 of Essential Commodity Act, 1955, P.S. Sirsa Kalar, District Jalaun.
The allegation in the first information report is that the applicant managing the wheat purchase centre and he had purchased the wheat on behalf of the Government and when the wheat could not be send to the godown of Food Corporation of India, the wheat became rotten due to rain then some wheat was sold in the open market and the lesser quantity of wheat was sent to the godown of Food Corporation of India and it was further alleged in the first information report that loss to state exchequer was caused by the applicant and other co-accused persons.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the purchased wheat could not be sent to the godown of the Food Corporation of India because it was not his duty to send the same because he was having no money with him. He further submitted that the applicant had sent several letters to his superior officers which are annexed along with the supplementary affidavit regarding the purchase of wheat and the information regarding the wheat that are lying at the purchase centre. He submitted that the applicant is languishing in jail since 22.07.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Suresh Singh Banaphar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 27.9.2019
R./
2 issues framed by the court
Whether the bail application filed by the applicant requires to be allowed.
Whether the applicant is entitled to bail under the given circumstances.
2 provisions across 2 enactments
Suresh Singh Banaphar
State Of U.P.
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
