Allowed

Anil Kumar Singh v. State of U.P.

Allahabad HC11 Jan 2019BAIL/49853/2018

Case brief

AI extract

What is this about?

The court granted bail to Anil Kumar Singh in a case under the Essential Commodities Act. The applicant alleged false implication and lack of independent witnesses. The court relied on the reformative theory and Article 21 to release him on a personal bond with two sureties and a deposit of Rs. 25,000.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties, subject to a deposit of Rs. 25,000 in the District Supply Office.

Anil Kumar Singh 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. - 49853 of 2018

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Applicant :- Anil Kumar Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Mohit Singh, learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.

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It has been submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that no complaint has been made by any of the beneficiary of the Card holder. The complaint against the applicant has been made due to ulterior motive. It is further submitted that there is no evidence to connect the applicant with the present matter. There is no independent witness of the alleged offence. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. It is further submitted that applicant has no previous criminal history and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 23.10.2018, and 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, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment , and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant Anil Kumar Singh, be released on bail in Case Crime No.246 of 2018, under Sections 3/7 of Essential Commodities Act, Police StationBillari, district- Moradabad, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/court concerned, subject to following conditions:--

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(i) The applicant will co-operate with the trail 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. 25,000/- (Rupees Twenty Five Thousand only) in the office of the District Supply Officer, Moradabad, within a period of fifteen days from the date of 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 :- 11.1.2019 ssm

Anil Kumar Singh v. State of U.P.

Case brief

What is this about?

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Anil Kumar Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

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