Allowed

Shivam Jaiswal v. State of U.P.

Allahabad HC14 Jul 2022BAIL/14036/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by an applicant alleged to have committed an offence under the Essential Commodities Act. The court granted bail subject to conditions including furnishing a bond, sureties, and undertakings to cooperate with the trial and avoid tampering with witnesses.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two local sureties subject to specific conditions of attendance and conduct.

Shivam Jaiswal Vs State of U.P. — Service and Employment | Allahabad HC (2022)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14036 of 2022

¶3

Applicant :- Shivam Jaiswal Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Vaish,Manoj Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ali Zamin,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

¶6

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 141 of 2021, under Section 3/7 of Essential Commodities Act, P.S. Deedarnaganj, District Azamgarh.

¶7

Learned counsel for the applicant submits that as per FIR, SubDivisional Magistrate, Deedarganj, Azamgarh inspected rice mill on 07.09.2021 and 574.216 tons rice was found less in the stock. Thereafter a team inspected the mill on 08.09.2021, which also found 574.216 tons rice short in the stock. He further submits that due to lock down rice could not be supplied by 07.09.2021and date was extended till 15.12.2021. He also submits that applicant had to supply only 574.216 tons rice by 07.09.2021 while on 08.09.2021, 8320.80 tons rice was seized by the police. Applicant has moved a writ petition being Writ-C No.7370 of 2022 before this Court in which Court has directed that no coercive measure shall be taken against the petitioner in pursuance of the impugned recovery certificate and response has been called for. He further submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 11.02.2021.

¶8

Per contra, learned A.G.A. has opposed the bail prayer of the applicant by submitting that on the due date, i.e., 27.09.2021 rice was not supplied, hence, he committed the alleged offence that is why rice was rightly seized and applicantis not entitled for bail

¶9

Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, extension of period for supply of rice till 15.12.2021, in the

¶10

meantime lodging of the FIR, order passed in the aforesaid writ petition and perusing the material on record, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicant Shivam Jaiswal involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

¶11

(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates 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.

¶12

(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 of the Indian Penal Code.

¶13

(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. is issued and the 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 of the Indian Penal Code.

¶14

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.

¶15

Order Date :- 14.7.2022 MAA/-

¶16

Digitally signed by MOHAMMAD AZAD ANSARI Date: 2022.07.16 09:47:57 IST Reason: Location: High Court of Judicature at Allahabad

Shivam Jaiswal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shivam Jaiswal v. State of U.P.

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

Ram Narayan Yadav Vs State of U.P.

Satendra Singh Vs State of U.P.

Kallu Vs State of U.P.

Saleem Vs State of U.P.

Talib Vs State of U. P. thr. Prin. Secy. Home Govt. of U. P. at Luck

Dinesh Kumar Vs State of U.P.