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2025 DAILYLAW 25123 (ALL)

MUKESH KUMAR v. STATE OF U.P.

BAIL/7521/2025 · 2025-05-04

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71568 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7521 of 2025 Applicant :- Mukesh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- R.P.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri R. P. S. Chauhan, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 111 of 1999, under Sections 3/7 of the Essential Commodities Act, Police Station Chhatari, District Bulandshahar. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant was working as Salesman of the Fair Price Shop being run by Sadhan Sahkari Samiti Ltd., which was being governed by the President and Secretary and the applicant is not responsible for the alleged irregularity of food grains. The applicant was neither the dealer of fair price shop nor there was any agreement between him and the Government Authority for distributing the essential commodity. He submits that no food grains were being supplied by him hence he was not personally responsible for any alleged irregularities. He further submits that one of the witness in his statement has not supported the prosecution story as alleged in the FIR. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. He submits that instant offence is punishable upto 7 seven years imprisonment and tri-able by Magistrate. The applicant is languishing in jail since 07.02.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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, Mukesh Kumar, 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 :- 5.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad