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2025 DAILYLAW 14315 (ALL)

MAHENDRA ALIAS LALA v. STATE OF U.P.

BAIL/3389/2025 · 2025-02-18

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24467 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3389 of 2025 Applicant :- Mahendra Alias Lala Opposite Party :- State of U.P. Counsel for Applicant :- Sudhir Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sudhir Kumar Tiwari, learned counsel for the applicant and Shri Yagyavalka Pandey, learned AGA for the State- respondents and perused the record. This bail application under Section 439 Cr.P.C., has been moved on behalf of accused-applicant, Mahendra @ Lala, seeking enlargement on bail in Case Crime No. 230 of 2019 under Section 3/7 of Essential Commodities Act, Police Station-Gulawati, District-Bulandshahar. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. First Information Report has been lodged on 25.04.2019 against the applicant and four other co-accused persons. The alleagation against the applicant is of black marketing of food grains. The applicant was neither arrested on spot nor the food grains was recovered from his possession. In the present case charage sheet has already been filed on 14.11.2020. Learned counsel for the applicant further submits that the wife of the applicant has been expired on 19.09.2024. Criminal history of one case has been explained in paragraph no. 21 of the affidavit filed in support of bail application 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, but could not dispute the aforesaid facts. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Mahendra @ Lala, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 19.2.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad