SABIR ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND ANOTHER
NABAIL/1140/2025 · 2025-09-10
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161105 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161105 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1140 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Manoj Kumar Singh, learned counsel appearing on behalf of the applicant as well as Shri Ashok Kumar Srivastava, learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.271 of 2024, under Sections 3/7 Essential Commodities Act, 1955, registered at Police Station- Sirsiya, District- Shrawasti. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.11.2024 stating that the applicant had stored 30 fertilizers in a godown, within a distance of 5km from Nepal borders, at a place regarding which no license had been granted to the applicant. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent and he has been falsely been implicated in the present case. 5. The applicant's involvement in another criminal case, which has been disclosed by file a supplementary affidavit, in which the Investigating Officer has submitted a closure report. 6. The learned counsel for the applicant has submitted that the applicant's hold a licence to carry out a business of dealer in seeds as well as fertilizers. He had purchased the fertilizers and a tax voice was issued by Suraj Mal Mohan Lal, which has also been annexed with the affidavit. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Sabir Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another .....Opposite Party(s)
7. The learned counsel for the applicant has further submitted that the offences alleged carry a maximum imprisonment up to 7 years. 8. The learned A.G.A. has opposed the prayer for bail and he has submitted that allegations have been established during the investigation and a charge sheet has been submitted on 30.05.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the investigation in the matter stands concluded and the applicant was not arrested during the investigation and as the alleged offences carry a maximum punishment of imprisonment up to 7 years, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on bail on 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 applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. September 10, 2025 S. Shivhare NABAIL No. 1140 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench