Gyan Singh vs State Of U.P.
2016 Latest Caselaw 4469 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22055 of 2016
 
Applicant :- Gyan Singh
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Ajay Kumar Singh,Santosh Kumar Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Abhai Kumar,J.

Hared learned counsel for the applicant as well as learned AGA for the State and perused the record.

As per prosecution story accused-applicant was arrested while refilling the L.P.G. Gas cylinder, alongwith 35 domestic cylinders, one commercial cylinder, refilling machine and other items for refilling the Gas. 

It is submitted by the learned counsel for the applicant that he is authorized hawker of Gas Agency and certificate of Gas Owner of Gas Agency has been annexed in supplementary affidavit. It is also submitted that accused-applicant was falsely implicated in the present case. It is also submitted that place of incident is a street, where such type of activity is quite impossible. The applicant is in jail since 11.05.2016.

Learned AGA vehemently opposed the prayer for bail, but could not dispute with the aforesaid facts.

Seeing the facts that accused-applicant is authorized hawker of Gas Agency and he was given cylinder for distribution,  as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, I think it is a fit case for bail. 

Let the applicant-Gyan Singh, involved in Case Crime No. 327 of 2016, under Sections 3/7 Essential Commodities Act, 1955, Police Station Naini, District Allahabad, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:

1. The applicant shall not tamper with the prosecution evidence.

2. The applicant shall not pressurize the prosecution witnesses.

3. The applicant shall appear on the date fixed by the trial Court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.

Order Date :- 22.7.2016/VKG