Single judge allowed bail to the applicant in a case involving charges of cheating, criminal breach of trust, possession of unlicensed drugs, and violation of essential commodities laws, ordering security bond and sureties.
Released on bail furnishing a personal bond and two sureties each in like amount subject to specified conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24956 of 2022
Applicant :- Sonu Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Roy Sharma,Araf Khan,Lihazur Rahman Khan Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard Sri R. K. R. Sharma, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.311 of 2022, registered under Sections 420, 406 I.P.C. and Section 13 of Essential Commodities Act, 1955 and Section 18A/27 of Drugs and Cosmetics Act, 1940, Police Station Tajganj, District Agra during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per prosecution story, the applicant is indulged in selling of illegal drugs and it is alleged that the drugs are recovered from rented godown without having valid licence. On information, police party raided in the house of the applicant. There is no independent eyewitness of the alleged recovery. Applicant has no concern from the alleged recovery and there is no credible evidence against him. No incriminating articles have been recovered from the possession of the applicant. He further contended that co-accused, namely, Praveen Agrawal has been granted anticipatory bail by the coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.5059 of 2022 vide order dated 16.06.2022, hence, the applicant is also entitled for bail on the ground of parity. The applicant has no previous criminal antecedents. The applicant has no previous criminal history. The applicant is languishing in jail since 12.05.2022 In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and
without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Sonu Agrawal, who is involved in the aforesaid 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 31.8.2022
Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.09.01 16:24:54 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving offences under Section 420 IPC and the Essential Commodities Act.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherDistinguished¶10
Dataram Singh Vs. State of U.P. and another (2018) 3 SCC 22 · Who else cites this
3 provisions across 3 enactments
Sonu Agrawal
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
