Ram Sijor v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12131 of 2023 Applicant :- Ram Sijor Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Suresh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Suresh Chandra Tiwari, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case No. 860 of 2015 (Case Crime No. 178/2013), under Sections 3/7 Essential Commodities Act, Police Station Talkatora, District Lucknow.

¶3The aforesaid case has been registered on the basis of alleged recovery of kerosene oil made on 17.08.2013, which was stored in violation of Section 3 of the Essential Commodities Act.

¶4In the affidavit filed in support of the application, it has been stated that the applicant is innocent, he has falsely been implicated in the present case and that he has no criminal history.

¶5In para 15 of the affidavit, it has been stated that on coming to know about the present case the applicant surrendered on

04.08.2023 before the trial court.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and also considering the fact that the offence alleged carry maximum punishment of imprisonment upto seven years; that the applicant has no criminal history and he has himself surrendered upon coming to know about the proceedings, I am of the view that the applicant is entitled to be released on bail in the present case.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Ram Sijor be released on bail in Case No. 860 of 2015 (Case Crime No. 178/2013), under Sections 3/7 Essential Commodities Act, Police Station Talkatora, District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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. Order Date :- 11.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench