Neutral Citation No. - 2025:AHC:3464 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40569 of 2024 Applicant :- Deepak Solanki Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Mishra,Devendra Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Rejoinder affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Deepak Solanki, seeking enlargement on bail in Case Crime No. 936 of 2024, under Sections 318 (4), 338, 336 (3), 340 (2), 61 (2) of the Bharatiya Nyaya Sanhita, 2023 and 3/7 Essential Commodities Act, 1955, Police Station Khurja Nagar, District Bulandshahr. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 6.10.2024. Learned counsel for the applicant submits that the recovered 400 bags of fertilizer do not belong to the applicant nor the applicant has taken the property on rent. Learned counsel for the applicant submits that there is violation of Clause 28 (1) (b) of Fertilizer (Control) Order, 1985. Learned counsel for the applicant submits that even if the prosecution story is to be taken as true, no offence under Section 3/7 Essential Commodities Act, 1955 would be made out against the applicant. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail by submitting that applicant had taken the aforesaid godown on rent from one Ashok Kumar son of Ratan Singh. Learned AGA submits that Police had recorded the statement of owner of the godown and in his statement Ashok Kumar had clearly said that applicant had taken the godown on rent 03 months ago from the date of incident from Ashok Kumar. Learned AGA also submits that prosecution witnesses, namely, Tulsi Singh, Vinay Singh Solanki, Sanjay Singh Solanki, Ajay Singh Solanki, Rakesh Singh Solanki also given their statements in verbatim to that of Ashok Kumar. Learned AGA submits that thus in this way it is clearly established that applicant had taken the godown on rent. Learned AGA further submits that at the time of raid/inspection, applicant was unable to produce the bill and Challan of the recovered fertilizer. Thus, he was indulged in the black marketing of fertilizer. Hence, bail application deserves to be rejected. Having regard to the submissions made by learned counsel for the parties, allegation levelled against the applicant as well as recovery of 400 bags of fertilizer recovered from the rented godown of the applicant, the Court is not inclined to grant any indulgence to the applicant in the present anticipatory bail application. Accordingly, the bail application is rejected. Order Date :- 8.1.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad