In a bail application filed under the Essential Commodities Act, 1955, the Court allowed the release of the applicant on furnishing a bond and sureties, noting his lack of criminal history and prolonged incarceration.
The applicant Vinay Kumar was ordered to be released on bail in Case Crime No. 60 of 2019 upon furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31581 of 2022
Applicant :- Vinay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Kumar Shukla,Ram Bali Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Ram Bali, the learned counsel for the applicant, Sri Anil Kumar Shukla, the learned State Counsel and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 60 of 2019, under Sections 3/7 of Essential Commodities Act,1955, Police Station Durgaganj, District Bhadohi.
3.The aforesaid case has been registered on the basis of a first information report dated 11.12.2019 alleging that upon physical verification of the stock of fair price shop being run by the applicant, the stock was found deficient.
4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 17.06.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
5.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.
6.Having considered the aforesaid facts and submissions and keeping in view the fact that the applicant has no criminal history; that the offence alleged carries a punishment for imprisonment of minimum three months, which may extend up to seven years and also keeping in view the fact that the applicant is languishing in jail since 17.06.2022 i.e more than four months, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.
7.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .
8.Let the applicant Vinay Kumar be released on bail in Case Crime No. 60 of 2019, under Sections 3/7 of Essential Commodities Act,1955, Police Station Durgaganj, District Bhadohi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
9.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 17.10.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.10.19 18:53:43 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a case under the Essential Commodities Act, 1955 where he has no criminal history and has been in jail since over four months.
1 provisions across 1 enactments
Vinay Kumar
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
