Court No. - 8 Case :- BAIL No. - 161 of 2010 Petitioner :- Jitendra Pratap Singh Respondent :- State Of U.P. Petitioner Counsel :- Smt.Sarojini Bala,G.C. Verma Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and
perused the entire record of the case.
The submission of learned counsel for the applicant is that the
applicant is the owner of M/s Laxmi Food Products along with
three other partners. It is alleged in the FIR that 150 bags of
government wheat, which were loaded in Vehicle No.U.P.
41.T.1589, were being unloaded in the campus of M/s Laxmi
Food Products, was apprehended by the complainant,
Khairuddin Ansari, District Supply Officer, Barabanki, along with
other officers. Further the allegation is that 20 bags of
government wheat was already kept in go-down. It is also alleged
in the FIR that on the same day i.e. 5.11.2009,in the after noon,
one Ajay Jaiswal had also sent five drums of kerosene oil to be
used for generators. There is allegation to this effect also that
four drums of kerosene oil was already kept in the go-down.
Learned counsel for the applicant submits that the whole case
against the accused applicant has been concocted and the
accused applicant is not the sole owner of M/s Laxmi Food
Products. There are other three partners in the said company, as
averred in para 4 of the bail application and is evident from
Annexure-3. It is also contended that as per allegation in the FIR,
the main architect of this case, Rajesh Jaiswal, has got his arrest
stayed by this Hon’ble Court vide Criminal Misc.Case No.10560
of 2009(B), dated 12.11.2009 and co-accused Mohammad Iliyas,
who is the driver of the vehicle and had transported the wheat
bags, has already been granted bail by the court below. It is
further submitted that there is no evidence on record to show
that accused applicant had directed to unload government wheat
at M/s Laxmi Food Products. There are three more partners in
the company. He also submits that the applicant is in jail since
7.12.2009 and there is no criminal history of the applicant, as
averred in para 12 of the bail application, which is admitted by
the State.
Considering the overall aspects of the matter and without
expressing any opinion on the merits of the case, I hereby direct
that the applicant be released on bail in Case Crime
No.738/2009, under Section 3/7 E.C. Act, P.S.Masauli,District
Barabanki, on his filing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned.
Order Date :- 11.1.2010
A