Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17993 of 2010 Petitioner :- Babu Ram Chauhan Respondent :- State Of U.P. Petitioner Counsel :- K.D. Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
As per prosecution version, during inspection, according to the Stock
Register, 29.75 Quintal wheat,21.86 Quintals Rice and 7 Quintals sugar were
found short.
It is submitted by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
the applicant is dealer of a fair price shop and allegation with regard to black
marketing of the essential commodities has falsely been made only in order to
harass and victimise him. He further submits that, in fact, the applicant had
distributed the essential commodities to the card holders regularly but, due to
some inevitable circumstances, their entries could not be made in the Stock
Register, and had neither committed any irregularities in distribution of the
essential commodities nor was ever indulged in the black marketing of the
same. He further submits that the applicant has no criminal history and is in
jail since 29.3.2010.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Babu Ram Chauhan involved in Case Crime No.40 of 2010
( Case No. 1910 of 2010) under Sections 3/7 Essential Commodities Act,
P.S. Kotwali Padrauna , District Kushi Nagar 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 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 case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 15.7.2010
MLK