Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11144 of 2010 Petitioner :- Satish Kumar Respondent :- State Of Up Petitioner Counsel :- Mohd. Aslam Ansari 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, on 29.9.2009 at about 2.30 P. M. a raid was made
by a team headed by the S.D.O., Rampur at the shop of the applicant Satish
who fled away from the spot and eight filled and one unfilled domestic Gas
Cylinders of 14.2 Kg capacity were recovered from the said shop and an
F.I.R. to that effect was lodged against the applicant .
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submitted that
the cylinders alleged to have been recovered from the shop of the applicant
were not kept for the purpose of black marketing etc. He further submits that ,
in fact, the recovered cylinders were kept on the spot for being used by the
applicant because on the date of the alleged occurrence there was a religious
function and on the ocassion of that function a ‘Bhandara'(feast) was
organised by the applicant and for the said purpose some cylinders were
borrowed by the applicant from his friends and relatives and this fact was
brought to the notice of the inspection team but in spite of that, for the reasons
best known to them, no body was ready to pay heed and, consequently, the
present prosecution has been launched against him alleging that those
cylinders were kept for the purpose of black marketing. In support of his
contention, he referred to Annexure no. 3, which are copies of the Pass book
showing consumer’s name and number, to indicate that the the Cylinders in
question belong to the consumers whose names are mentioned on the said
pass book and were kept there for the purpose of using them in the fucntion
which was organised on the date of the alleged occurrence and not for the
purpose of blackmerketing etc. as alleged by the prosecution. He further
submits that the applicant never indulged in the black marketing of the
cylinders as alleged by the prosecution and has been falsely implicated just on
the basis of suspicion. He further submits that the applicant has not committed
any such offence as alleged by the prosecution and has been falsely
implicated. He further submits that the applicant has got no criminal history to
his credit and there are no chances of his fleeing away from the judicial
process or tampering with the prosecution evidence, and is in jail since
13.4.2010.
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 Satish Kumar involved in Case Crime No. 405 of 2009
under Section 3/7 Essential Commodities Act, P.S. Rampur Maniharan ,
District Saharanpur 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 :- 10.5.2010
MLK