Brijendra Kumar Tiwari v. State of U.P. Thru. Addl. Chief Secy. Home, Lucknow, U.P

Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13937 of 2023 Applicant :- Brijendra Kumar Tiwari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lucknow, U.P. Counsel for Applicant :- R.B.S. Rathaur,Akhil Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶01Heard Shri R.B.S. Rathaur, learned counsel for applicant and learned A.G.A. for the State.

¶02The present bail application has been filed by the applicant seeking bail in case crime no.448 of 2020, under Sections 409 I.P.C. and 3/7 of Essential Commodities Act, 1955, P.S. Lalganj, District Raebareli.

¶03As per version in the F.I.R., the accused-applicant, who was, at the relevant time, In-charge of Sadhan Sahkari Samiti Govindpur, Balloli, sold of urea exceeding the prescribed limits in a period ranging from

01.04.2020 to 31.07.2020, without following norms. As per allegations in the F.I.R., on the basis of suspicion of committing irregularity in selling of the same, District Magistrate has ordered on 23.08.2020 for registering an F.I.R. against the concerned person. The applicant has been chagesheeted.

¶04It is contended on behalf of the applicant that he is innocent and has been falsely implicated in this case. At the most from the allegations contained in the F.I.R., he can be accused of committing irregularities in selling of the articles without following prescribed procedure and norms and no offence under Section 409 I.P.C. is made out from any angle. My attention has been drawn to the report given by Deputy Commissioner cum Deputy Registrar, Cooperatives dated 17.09.2020 in which it has been categorically stated that statements of farmers were recorded and they admitted to have received urea. It is further stated therein that inquiry officer exonerated the instant applicant. No criminality was attached to his conduct. It is further contended that offence is triable by Magistrate.

¶05The application for bail is opposed by learned A.G.A. However, it is conceded that that the applicant is having no criminal antecedents and that he is in jail since 25.10.2023.

¶06I considered nature of the allegations, role ascribed to the applicant, the evidence proposed, the severity of punishment and all other facts and circumstances of the case. In my view, a case for bail is made out.

¶07Let applicant -Brijendra Kumar Tiwari be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not temper with evidence/witnesses.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) framing of charge and (ii) recording of statement under Section 313 Cr.P.C. without exception.

(iv) It is further provided that before issuing the release order, present as well as permanent address of the accused as well as sureties shall also be duly verified and the applicant shall submit undertaking that he shall not change his address without prior intimation to the court concerned.

¶08Any violation of above conditions will be treated as misuse of bail and learned Court below will be at liberty to pass appropriate order.

¶09It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 24.11.2023 Asha High Court of Judicature at Allahabad, Lucknow Bench