Court allowed bail application of Shyam Lal accused of securities shortage and record irregularities under Essential Commodities Act after considering Article 21 and high court precedent.
Release on bail via personal bond and two sureties subject to strict attendance conditions.
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Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1577 of 2022 Applicant :- Shyam Lal Opposite Party :- State Of U.P. Through Principal Secretary (Home) Civil Secretariat Lucknow Counsel for Applicant :- Dhananjai Kumar Tripathi,Vishwa Nath Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Vishwa Nath Singh, learned counsel for the applicant, Smt. Mamta Pandey, learned A.G.A. for the State and perused the material placed on record.
Applicant seeks bail in Case No.6795 of 2016, Case Crime No.482 of 2012, under Section 3/7 of Essential Commodities Act, Police Station Matera, District Bahraich, during the pendency of trial.
As per prosecution story, the applicant is the dealer of the fair price shop and is stated to have usurped the said material pertaining to Antyodaya Card Holders and after matching the records it was found that 15.7 quintals of wheet and 3.55 quintals of rice and 3.5 quintals of sugar was found less than the stipulated quantity. Various other irregularities were found in the stock register.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He had bona fidely sold the said material to the card holders and only fault assigned to the applicant is that he could not maintain the records. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 10.12.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the said fact that there are no criminal antecedents of the applicant.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex
Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Shyam Lal , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 5.7.2022 Ravi Kant
Digitally signed by RAVI KANT Date: 2022.07.06 10:18:25 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the applicant has made out a case for bail in proceedings under the Essential Commodities Act.
What conditions must be imposed on the applicant for release on bail.
Whether the grant of bail on the present application will affect the trial Judge's independent opinion.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherExplained¶9
(2018) 3 SCC 22 · Who else cites this
Shyam Lal
Krishan Pahal
As recorded by the court registry
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