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2025 DAILYLAW 164148 (ALL)

MANNEY LAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8693/2025 · 2025-09-15

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8693 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Satish Kumar Sharma, the learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 379 of 2025, under Sections 3/7 of E.C. Act & U/S 316(5) of B.N.S., registered at Police Station Tambaur, District Sitapur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged by the District Agriculture Officer on 14.08.2025 against solitary named accused Mohd. Aslam, stating that urea was delivered to the named accused person in the factory on 12.08.2025 in violation of the Fertilizer Control Order, 1985 and Essential Commodities Act, 1955. 4. During investigation, the named accused person stated that he had purchased 17 sacks urea from the applicant's fertilizer shop. 5. On basis of his statements, the applicant's shop was inspected and sealed. The findings of inspection are recorded in the memo which does not mention that 17 sacks of Urea were found to be missing and unaccounted. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 60 years old, an innocent person, he has been falsely implicated in the present case and he has no criminal history. Versus Counsel for Applicant(s) : Satish Kumar Sharma Counsel for Opposite Party(s) : G.A. Manney Lal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) 7. The learned A.G.A. has opposed the bail application and he has submitted that the investigation is still going. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not named in the FIR; he has been implicated on the basis of statement of co-accused persons, who stated that he procured Urea from the applicant's shop but during inspection of the applicant's shop, no irregularity has been found in the records and that the applicant is 60 years old person having no previous criminal history, he is languishing in jail since 21.08.2025, I am of the view that the applicant is entitled to be released on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Manney Lal be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: - (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. September 15, 2025 KR BAIL No. 8693 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench