Court granted bail to the applicant in a trial concerning essential commodities, relying on the reformative theory of punishment and Article 21, directing expedited trial.
Release on bail under Sections 3/7 of Essential Commodities Act by furnishing personal bond, two sureties (Rs. 2 Lakh each), and deposit of Rs. 50,000.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5637 of 2019
Applicant :- Gajendra Pal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Dharmendra Singhal Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Dharmendra Singhal, learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.
It has been submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that son of the applicant namely Sumit Kumar runs his business as Firm, having lincense and the alleged seized of rice has taken place from the godown which belongs to the said Firm. The criminal history of the applicant has been properly explained in paragraph 15 and 16 of the affidavit filed in support of bail application. The applicant has no concern with the present case. 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 12.1.2019, and undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
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.
Let applicant Gajendra Pal Singh, be released on bail in Case Crime No. 277 of 2018, under Sections 3/7 of Essential Commodities Act, Police Station-Gandhi Park, district- Aligarh, on furnishing a personal bond and two sureties (Rs. Two Lac each) (One should be of a family member) before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
(v) The applicant will deposit Rs. 50,000/- (Rupees Fifty Thousand) in the office of the District Supply Officer, Aligarh, 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.
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.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six month from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 8.2.2019
ssm
3 issues framed by the court
Whether the applicant Gajendra Pal Singh is entitled to bail under the Essential Commodities Act.
Whether reformative theory of punishment and Article 21 mandate a change in approach to bail.
Whether the possibility of tampering with evidence or fleeing the process supports bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶8
(2018) 2 SCC 22 · Who else cites this
2 provisions across 2 enactments
Gajendra Pal Singh
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
