Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31246 of 2009 Petitioner :- Ram Kumar Sharma Respondent :- State Of U.P. Petitioner Counsel :- Sunil Kumar Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
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 submitted that
the applicant is dealer of a fair price shop and the recovered 38 bags of wheat
do not belong to him. He further submits that the applicant is not indulged in
the black marketing of the essential commodities and the 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 other two
co accused namely Mool Chandra and Rajeev alias Rajeev Sharma have been
granted bail by this court on 5.10.2009 and 12.10.2009 in Criminal Misc. Bail
Applications No. 24287/09 and 24288/0 respectively. He further submits that
the applicant has no criminal history and is in jail since 21.8.2009.
Per contra, learned A.G.A. opposed the bail application and submitted that the
case of the applicant is not at par with the cases of the aforesaid co accused
and as such the applicant can not claim any parity with them.
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 Ram Kumar Sharma involved in Case Crime No. 258 of
2009 under Sections 3/7 E.C. Act , P.S. B.B. Nagar, District Bulandshahr 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.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 4.2.2010
MLK