Allowed

Vinod Kumar v. State of U.P.

Allahabad HC13 Feb 2019BAIL/3936/2019

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 3936 of 2019, the grant of bail to Vinod Kumar was held. The court, without expressing a view on the merits, found the case worthy of bail reference under Article 21.

What did the court decide?

Release order dated 13.2.2019 to be passed under Sections 3 and 7 of the Essential Commodities (Maintenance of Supplies) Act, subject to specific conditions including deposit of Rs 50,000.

Vinod Kumar Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3936 of 2019

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Applicant :- Vinod Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Babu Lal Ram,Deepak Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant, Sri Inspector Singh, learned AGA for the State and perused the material brought on record.

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The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that applicant has not committed any essential commodities and he has also not made any irregularities in distribution of essential commodities between the card holder. The said fact has been mentioned in para 12 to the affidavit filed in support of bail application. There is no independent public witnesses of the incident. The said fact has been mentioned in para 15 to the affidavit filed in support of bail application. It is also submitted that applicant is a licensee of fair price shop and he has running shop since 2008 and he has not violation any provision of U.P. Scheduled Control order 2004. The said fact has been mentioned in para 10 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 10.01.2019. has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.

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Let applicant Vinod Kumar be released on bail in Case Crime

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No. 1991 of 2017, under Sections 3/7 E.C. Act, Police StationKotwali Dehat, District- Bulandshahar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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(v) The applicant will deposit Rs. 50,000/- in the Office of District Supply Officer, Bulandshahar within a period of 15 days from his release. The amount so deposited will be refunded if the applicant is absolved of the charges.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 13.2.2019 Arti

Vinod Kumar v. State of U.P.

Case brief

What is this about?

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Vinod Kumar v. State of U.P.

Case brief

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