Neutral Citation No. - 2025:AHC-LKO:49063 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 906 of 2025 Applicant :- Abdul Gaffar And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Prem Prakash Singh, the learned counsel for the applicants as well as Sri Mohd. Asif Khan, the learned Additional Government Advocate-I appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No.0096 of 2022, under Sections 3/7 of Essential Commodities Act., registered at Police Station Bhiti, District Ambedkar Nagar.. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.06.2024 alleging that illegalities were being committed by the applicant no.1 in his fair price ship and at the time of inspection of the shop the applicants had brought food- grains from some place outside the shop and were keeping it in the shop. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicants are innocent, they have no criminal history and they have falsely been implicated in the present case. 5. The learned counsel for the applicant has submitted that the applicant no.1 is licensee of the fair price shop for the past 23 years without any previous complaint. The applicant no.2 has been implicated in the present case because he happens to be the son of the applicant no.1. Earlier the petitioners filed Criminal Misc. Writ Petition No.4576 of 2022 challenging the validity of the F.I.R. and the writ petition was disposed of by means of an order dated 07.07.2022, passed by a Division Bench of this Court providing that the petitioners will be extended the benefit of provisions contained in Section 41-A Cr.P.C. 6. The learned counsel for the applicants has submitted that the applicants have cooperated with the investigation and a charge sheet has already been submitted on 23.12.2022. 7. The learned A.G.A. has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and thereafter the charge sheet has been filed against the applicants. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicants have no previous criminal history and the offence alleged carries a maximum punishment of imprisonment up to seven years and during investigation the applicants were granted protection of statutory provision contained in Section 41-A Cr.P.C. and thereafter the investigation has been concluded without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicants-Abdul Gaffar and Mohd. Juber before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicants shall make himself available for interrogation by a police officer as and when required; (ii) that the applicants 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; (iii) that the applicants shall not leave India without the previous permission of the court' (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicants shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.) Order Date :- 21.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench