Mohd. Shareef @ Munna vs State Of U.P. Thru. Prin. Secy., ...
2023 Latest Caselaw 22985 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56174
 
Court No. - 16
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9721 of 2023
 
Applicant :- Mohd. Shareef @ Munna
 
Opposite Party :- State Of U.P. Thru. Prin. Secy., Home Deptt. Lucknow
 
Counsel for Applicant :- Shishir Pradhan,Sudheer Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Subhash Vidyarthi,J.

1. The State has filed a counter affidavit which is taken on record.

2. Heard Sri Rajendra Prasad, Advocate holding brief of Sri Shishir Pradhan, the learned counsel for the applicant as well as Sri Rajeev Kumar Verma, the learned A.G.A. for the State and perused the record.

3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0249 of 2017, under Section 3/7 of Essential Commodities Act, registered at Police Station Nasirabad, District Raebareli.

4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.11.2017 under Section 3/7 of Essential Commodities Act.

5. The learned counsel for the applicant has submitted that the aforesaid offence is a bailable offence. He had placed reliance on a judgment dated 11.07.2023 passed by a coordinate bench of this court in Criminal Misc. Anticipatory Bail Application No. 7128 of 2023. Wherein it has been clarified that the offence under Section 3/7 of Essential Commodities Act is a bailable offence.

6. The bail application of the applicant was rejected by the Additional District and Sessions Judge, Raebareli, Court No. 4, Raebareli, by means of an order dated 12.07.2023 after recording his satisfaction that the offence alleged against the applicant is of a very serious nature, without taking into consideration the position law that the offence is a bailable office.

7. Accordingly, this bail application stands allowed. Let the applicant- Mohd. Shareef @ Munna be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned.

8. Let a copy of this order be sent to the District Judge, Raebareli for being brought to the notice of Additional Session Judge, Raebareli, who had passed the order dated 12.07.2023 rejecting the applicant's bail application.

(Subhash Vidyarthi,J.)

Order Date :- 23.8.2023

Preeti.