Allowed

Brij Bihari Singh v. State of U.P. and 2 Others

Allahabad HC1 Dec 2021ABAIL/16726/2021

Case brief

AI extract

What is this about?

In an application for anticipatory bail under Section 438 Cr.P.C., the single judge granted bail to the applicant facing charges under the Essential Commodities Act. The court noted the timeline between license cancellation and FIR filing, directing expeditious investigation.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs. 50,000 with two sureties and conditions of available for interrogation and non-interference with witnesses.

Brij Bihari Singh Vs State of U.P. and 2 Others — Anticipatory Bail | Allahabad HC (2021)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 16726 of 2021

¶3

Applicant :- Brij Bihari Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Neelkant Upadhyay,Ashok Kumar Singh,Dr. Abhay Kant Upadhyay,Karuna Kant Updhyay Counsel for Opposite Party :- G.A.

¶4

Hon'ble Samit Gopal,J.

¶5

Heard Sri Neelkant Upadhyay and Sri Karuna Kant Updhyay, learned counsels for the applicant and Sri Raj Kumar Gupta, learned counsel for the State and perused the record.

¶6

The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Brij Bihari Singh, seeking anticipatory bail, in the event of arrest in Case Crime No. 0121 of 2021, under Section 3/7 of Essential Commodities Act, Police Station Phephana, District Ballia.

¶7

Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is running a fair price shop since last 18 years without any complaint till date whatsoever. The applicant made a compliant on 3.08.2019 against the Marking Inspector with regards to the deficiency in weighing at the time of issuance of stock for distribution of food grains to his shop as it was causing inconvenience in the distribution of the articles after which with malafide intentions the license of the shop of the applicant was suspended on 04.04.2021 which was subsequently cancelled on 20.7.2021 and then on 23.07.2021 the present First Information Report has been lodged. The applicant has no criminal history as stated in para 17 of the affidavit in support of anticipatory bail application.

¶8

Per contra, learned counsel for the State opposed the prayer for anticipatory bail and argued that the applicant is named in the First Information Report and there are allegations regarding the irregularities running of fair price shop.

¶9

After having heard learned counsels for the parties and perusing the records, it is evident that the license of the shop of the applicant was suspended which was then cancelled and after three days the First Information Report has been lodged.

¶10

Without expressing any opinion on the merits of the case,

¶11

considering the nature of accusation, the applicant is entitled to be released on anticipatory bail in this case.

¶12

In the event of arrest of the applicant, Brij Bihari Singh involved in Case Crime No. 0121 of 2021, under Section 3/7 of Essential Commodities Act, Police Station Phephana, District Ballia, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

¶13

(i) the applicant shall make himself available for interrogation by a police office as and when required;

¶14

(ii) 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 him from disclosing such facts to the Court or to any police office;

¶15

(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

¶16

In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

¶17

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

¶18

The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

¶19

The anticipatory bail application stands disposed of.

¶20

Order Date :- 1.12.2021 M. ARIF

¶21

(Samit Gopal, J.)

Brij Bihari Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Brij Bihari Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Subham Vs State of U.P.

Mintoo Vs State of U.P.

Santosh Kumar Tiwari Vs State of U.P. and Another

Ajay Pratap Singh and 3 Others Vs State of U.P. and Another

Vikrant Vs State of U.P.

Smt. Kusuma Vs State of U.P.