Ram Tej Yadav v. State of U.P and Another
Case brief
What is this about?
The High Court rejected the applicant's anticipatory bail application under Section 438 Cr.P.C. The court held that the applicant's failure to appear in the trial proceedings for 11 years while the case was pending since 2011, coupled with a criminal history, precluded the grant of bail as a substitute for regular bail.
What did the court decide?
The anticipatory bail application is rejected.
What the court decided
Court No. - 85
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12933 of 2022
Applicant :- Ram Tej Yadav Opposite Party :- State Of U.P And Another Counsel for Applicant :- Vinod Kant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Jyotsna Sharma,J.
- Heard Sri Vinod Kant Mishra, learned counsel for the applicant, Sri O.P. Mishra, learned AGA for the State and perused the papers on record.
- The present application has been moved seeking anticipatory bail in Case Crime No.442 of 2011, under Section 3/7 of Essential Commodities Act, P.S. Civil Lines, District Prayagraj.
- As per prosecution story, M/s Aditya Fuels Limited was inspected in presence of its Regional Manager (present applicant) and others of the company. The company dealt with in bottling, appointment of dealers and distribution of LPG to the consumers. The Regional Manger could not give name and details of any of the dealers appointed by him and the plant was being run without procuring any rating certificate and without giving the requisite information. About 1199 cylinders were found on the spot and were handed over for safe custody to the Regional Manager.
- It is contended on behalf of the applicant that he worked as regional manager in the company. However, he left his job year thereafter; he has been falsely implicated in this case over a dispute between Managing Director and dealers of the company. The applicant was not in employment at the time of occurrence and that he being innocent, his liberty may be protected by exercising powers under Section 438 Cr.P.C.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant who remained absent in the criminal trial proceedings for 11 years despite filing a writ petition.
Whether the applicant's criminal history and conduct of non-appearance disentitle him from the discretionary relief of anticipatory bail.
Parties & counsel
- applicant
Ram Tej Yadav
- respondent
State of U.P
Coram
Jyotsna Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- ABAIL/12933/2022
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