Neutral Citation No. - 2025:AHC:27942 Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5150 of 2025 Applicant :- Sunil Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Sharma,Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 300 of 2024, under sections 407, 409, 420, 120-B, 201 of IPC and 3/7 of Essential Commodities Act P.S.- Kotwali Dehat, District - Bulandshahr. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the work interested upon the applicant is to issue the food grains and if it is being misappropriated or embezzled, during course of the transportation, the criminal liability cannot be fasten upon the applicant. He further submits that in fact behind the curtain, there are certain other private persons who might be involved in committing the offence. He next added that the liability if any, is of the transport handling contractor as well as other persons who have been interested the liability whereas, the present applicant is facing the criminal proceedings without his fault. He also submits that there is no cogent piece of evidence so as to connect the applicant's involvement in the present matter and the co-accused has already been enlarged on bail. He submits that there are three cases criminal history of the applicant, he is languishing in jail since 18.01.2025 and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is a main culprit being the supply inspector as it is the duty of supply inspector to ensure that the food grains should reach to the destination i.e. the place of fair price shop dealers and in the present matter, the offense has been committed and there are ample evidence against the applicant as such, he is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is a Government employee and there seems to be no possibility of his non-cooperation/absconding from the trial proceedings and there is no criminal history to his credit; further the co-accused has already been enlarged on bail in Criminal Misc. Bail Application No. 30126 of 2024 vide order dated 20.8.2024; applicant is languishing in jail since 18.01.2025 and he has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Sunil involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 27.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad