Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14552 of 2010 Petitioner :- Anil Respondent :- State Of U.P. Petitioner Counsel :- A.K.Mihsra,D.D.R.Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant and learned AGA for the
State and perused the record.
It is contended by learned counsel for the applicant that the
applicant has maliciously been implicated in the present case. The
first information report in respect of incident dated 11.10.2009 was
lodged on 14.10.2009 . There is no plausible explanation about the
delay in lodging the first information report. The applicant is not
even named in the first information report. According to the first
information report the driver of the truck was carrying 45 empty
gas cylinders and he failed to give any papers for transporting the
same. It is contended by the learned counsel for the applicant that
neither the applicant was present on the spot when vehicle was
seized nor he was accompanying with driver Sandeep. The driver
of the vehicle Sandeep Kumar has already been granted bail by
this Court by this Court vide order dated 11.12.2009. On the other
hand learned AGA contended that gas cylinders have been
recovered from the driver which is said to have been given by the
applicant, hence there is active participation of the applicant in the
commission of aforesaid offence. Learned counsel for the
applicant contended that applicant is absolutely innocent .No
empty cylinder was recovered from the possession of the
applicant. The applicant has been falsely implicated in the present
case. The applicant has no criminal antecedent. The applicant is
languishing in jail since 8.5.2010. In case he is enlarged on bail, he
will not misuse the liberty of bail.
In view of the aforesaid facts and circumstances, without
expressing any opinion about the merits of the case, it is directed
that the applicant Anil involved involved in case crime no.909 of
2009, under Section 3/7 Essential Commodities Act P. S.
Sikariganj, District Gorakhpur, be enlarged on bail on his
executing a personal bond and furnishing two heavy sureties each
in the like amount to the satisfaction of the court concerned, with
the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/intimidate the prosecution
witness.
(iii)The applicant will appear before the trial court on the date
fixed.
In defiance of the above conditions, the prosecution would be at
liberty to move application for cancellation of bail.
Order Date :- 15.6.2010
Pr/-