Allowed

Haji Yusuf v. State of U.P.

Allahabad HC20 Jan 2021BAIL/2896/2021

Case brief

AI extract

What is this about?

In a bail application under Section 3/7 of the Essential Commodity Act relating to alleged misuse of domestic gas cylinders, the court, without expressing an opinion on merits but referring to Data Ram, held that the case is fit for bail. The applicant was granted bail on security of personal bond and two sureties with standard conditions.

What did the court decide?

Released on bail by executing a personal bond and furnishing two sureties with specific conditions including appearance in court and not tampering with evidence.

Haji Yusuf Vs State of U.P. — Property and Title | Allahabad HC (2021)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2896 of 2021

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Applicant :- Haji Yusuf Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Haji Yusuf in connection with Case Crime No.1126 of 2020, under Section 3/7 Essential Commodity Act, Police Station Kotwali Dehat, district Bulandshahar.

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The first information report of this incident was lodged by the complainant Supply Inspector against the applicant. It was alleged that the applicant was found using the domestic gas cylinders in the hotel. The applicant was arrested at the spot.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that only charge against the applicant is that he was using the domestic gas cylinders instead of commercial gas cylinders. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 17.12.2020 and has no criminal antecedents to his credit, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Haji Yusuf involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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.

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Order Date :- 20.1.2021

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R./

Haji Yusuf v. State of U.P.

Case brief

What is this about?

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Haji Yusuf v. State of U.P.

Case brief

What is this about?

What did the court decide?

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