Allahabad High Court
Kamal Singh Kushwaha vs State Of U.P. on 21 November, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:181675
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39944 of 2024
Applicant :- Kamal Singh Kushwaha
Opposite Party :- State of U.P.
Counsel for Applicant :- Rahul Kumar Jadaun
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.
The present bail application has been filed by accused-applicant seeking bail in Case Crime No.330 of 2018, under Sections 420, 467, 468, 471 I.P.C. and Sections 3 & 7 of Essential Commodities Act and Section 66D of I.T. Act, P.S. Jalaun, District Jalaun.
In the prosecution case it is alleged that while using E-Pos machine applicant who was the Supply Inspector at the relevant point of time in collusion with the fair price shop dealer has committed black marketing of the fair price shop.
Learned counsel for applicant submits that applicant is not named in the F.I.R. Name has surfaced in the statement of District Supply Inspector B.K. Shukla. He submits that admittedly password is provided by the Supply Inspector of the E-Pos machine however, during the day time, the machine remains in the custody of the dealer and not with the Supply Inspector. The Co-ordinate Bench of this Court vide judgment and order dated 04.02.2022 in Writ-C No.15642 of 2020 Awadhesh Kumar vs. State of U.P. and 2 others has given a finding that E-Pos machine was in custody of dealer and during day time the data can be feeded and edited number of times till it was finally locked in the evening, emphasis is on para 76 of the judgment. Thus, it is contended on behalf of the applicant that since the applicant was having the password only he could have manipulated the data is wrong. The applicant is in jail since 05.07.2024. Twelve F.I.R.s have been lodged on the same lines and out of which in seven cases, applicant has been enlarged on bail, the bail orders are on record. He submits that the applicant is in jail since 05.07.2024.
Learned A.G.A. has opposed the bail prayer.
On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 05.07.2024, finding recorded by the Co-ordinate Bench of this Court regarding the operation of the E-Pos machine, role of the applicant so also the bail orders of the applicant in similar cases, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed.
Let the applicant Kamal Singh Kushwaha be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
Order Date :- 21.11.2024
Saurabh Yadav/-
