Ajay Kumar Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

Ajay Kumar Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Ajay Kumar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with evidence/intimidation of witnesses, sincere cooperation in trial without adjournments, no criminal activity after release); sureties to be verified before the release order is issued.

Issue for consideration

Whether the applicant Ajay Kumar, arraigned in Case Crime No. 33 of 2023 under Sections 3/7 of the Essential Commodities Act, 1955 (P.S. Etmadpur, District Agra), should be enlarged on bail.

Court's answer

Considering the entire facts and circumstances, submissions of counsel, the nature of offence, evidence and complicity of the accused, and without expressing any opinion on merits, and keeping in view the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I., the Court held that the applicant had made out a case for bail and allowed the bail application.

Ratio / Principle

Applicant Ajay Kumar to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) not to tamper with prosecution evidence or intimidate/pressurize witnesses during investigation or trial; (ii) to cooperate in trial sincerely without seeking adjournments; (iii) not to indulge in any criminal activity after release; breach of any condition to be a ground for cancellation of bail; sureties to be verified before issuance of the release order.

Detailed headnote1 paragraphs

Bail granted — Essential Commodities Act, 1955, Ss. 3/7 — Case Crime No. 33 of 2023, P.S. Etmadpur, District Agra — applicant in jail since 11.2.2023; counsel submitted applicant innocent, nothing recovered from his possession, no independent witness of recovery, no criminal history, and co-accused Baby already released on bail by Co-ordinate Bench (order dated 15.3.2023 in Bail Application No. 11108 of 2023) — A.G.A. opposed bail — considering entire facts and circumstances, nature of offence, evidence, complicity of accused, and without expressing any opinion on merits, and keeping in view the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. (SLP (Crl.) No. 5191 of 2021), the Court held the applicant had made out a case for bail and allowed the application — release directed on furnishing personal bond and two sureties each in the like amount, subject to conditions (no tampering with prosecution evidence or intimidating/pressurizing witnesses; sincere cooperation in trial without seeking adjournments; no criminal activity after release); breach of conditions a ground for cancellation of bail; sureties to be verified before release order. (Vivek Kumar Singh, J.; decided 21.3.2023.)

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12301 of 2023

Applicant :- Ajay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri Prabhat Kumar Tiwari, learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.33 of 2023, under Sections 3/7 of Essential Commodities Act, 1955, P.S. Etmadpur, District Agra.

Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The applicant was not arrested from spot. The co-accused namely Baby has already been released on bail by Co-ordinate Bench of this Court vide order dated 15.3.2023 passed in Criminal Misc. Bail Application No.11108 of 2023, a copy of said order has been produced by learned counsel for the applicant which is taken on record. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 11.2.2023 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate 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 law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Ajay Kumar , 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.

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or

trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 21.3.2023 Dev/-

Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad