This court granted limited anticipatory bail to the applicant, clarifying that offences under Sections 3/7 of the Essential Commodities Act are cognizable and bailable, rendering Section 438 maintainable to protect the applicant's interest pending investigation.
Granted anticipatory bail until submission of police report under Section 173(2) Cr.P.C.
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Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6011 of 2021
Applicant :- Zeeshan Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Zeeshan, in Case Crime No. 178 of 2020, under Sections- 3/7 of Essential Commodities Act, Police Station- Govindnagar, DistrictMathura.
Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.
The implication of the applicant is under Section 3/7 of Essential Commodities Act. The offence under Section 7 is cognizable but not non-bailable. In Section 10A of the Essential Commodities Act, 1955, after the word "cognizable" the words "and non-bailable" were inserted for a period of 15 years by Act 18 of 1981 as amended by Act 34 of 1993 now they have ceased to have any effect. Now the offences under Section 3/7 are cognizable and bailable therefore the anticipatory bail under Section 438 Cr.P.C is not maintainable since as per the U.P. Amendment Act, it is available only where a person has apprehension of being arrested on accusation of committing a non-bailable offence.
The above legal position is not clear to most of the Investigating Officers and the courts below and therefore, the bail application of the accused persons in such cases are rejected by the Magistrate and the special courts treating the offences to be non-bailable. Hence, it would be appropriate to
protect the applicant's interest for limited period.
In the event of arrest, the applicant 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 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 Court with the following conditions:-
(i) The applicant shall make himself available for interrogation by the police officer as and when required;
(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 from disclosing such facts to the Court or to any police officer;
(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.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In default of any of the conditions, the Investigating Officer/Govt. Advocate is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, if investigation is in progress, who shall ensure the compliance of present order.
Order Date :- 5.3.2021 / Rohit
1 issue framed by the court
Whether anticipatory bail is maintainable in cases under Sections 3/7 of the Essential Commodities Act, which are cognizable and bailable.
3 provisions across 2 enactments
Zeeshan
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
