Criminal miscellaneous anticipatory bail application under Section 438 Cr.P.C. where applicant sought bail for Essential Commodities Act offences; court granted interim anticipatory bail with conditions.
Granted interim anticipatory bail with personal bond of Rs.50,000/- and two sureties on conditions including appearance for interrogation.
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Court No. - 87
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3620 of 2022
Applicant :- Naresh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant as well as the learned AGA and perused the record.
Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Naresh Kumar in Case Crime No. 0168 of 2022, under Section 3/7 Essential Commodities Act, Police Station - Garhmukteshwar, District - Hapur.
It is submitted by learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Applicant has been falsely implicated in this matter. Learned counsel for the applicant further submits that the applicant is running a fair price shop since last 25 years and no complaint was made against the applicant by any card holder. He further submits that no shortage of food grains was found in the enquiry and all the card holders have given affidavits that food grains are supplied to them by the applicant regularly. Applicant has no criminal history.
Learned A.G.A. opposed the prayer.
Matter needs indulgence of this Court.
In the circumstances, four weeks' time is granted to the learned AGA to file counter affidavit.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
As an interim protection, till the next date of listing, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest of the applicant, he shall be released on anticipatory bail 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:-
(i) The applicant shall make himself available for interrogation by a police office 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 office.
(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 her before the S.S.P./S.P. Concerned.
In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant.
List this case after two months before the appropriate Bench.
Order Date :- 30.5.2022 Vivek Kr.
Digitally signed by VIVEK KUMAR Date: 2022.05.31 18:05:42 IST Reason: Location: High Court of Judicature at Allahabad
Naresh Kumar
State of U.P.
Shekhar Kumar Yadav
Vivek Kumar
As recorded by the court registry
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