Rajveer Singh vs State Of U.P.
2023 Latest Caselaw 15184 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:105185
 
Court No. - 87
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16104 of 2023
 

 
Applicant :- Rajveer Singh
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Kamlesh Kumar Dwivedi,Saurabh Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.03 of 2014, under Sections 3/7 of Essential Commodities Act, 1955, P.S. Sainya, District Agra, during pendency of the trial.

The applicant is fair price shop dealer. As per prosecution case, the applicant was indulged in black marketing of essential commodities.

Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. The applicant was not involved in the alleged offence. There was no complaint by cardholder regarding irregularities in distribution. The applicant has no concern with the vehicles by which two bags have been recovered. The recovered bags of essential commodities were not of applicant's shop. After investigation the investigating officer submitted charge sheet against the applicant. The applicant challenged the charge sheet by filing Application U/s 42901 of 2022 before this Court. The co-ordinate Bench of this court vide order dated 01.03.2023 disposed of the petition and granted time to the applicant to surrender before the trial court and apply for bail in view of the Apex Court judgment in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021. The applicant has no previous criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 20.03.2023 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

Learned A.G.A. opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Rajveer Singh, who is involved in the aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 15.5.2023

Meenu Singh