Allahabad High Court
Morimisetty Pandu @ Balaji Vasudevan @ ... vs State Of U.P. Thru. Prin. Secy. Home Lko. on 25 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:57034 Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10140 of 2023 Applicant :- Morimisetty Pandu @ Balaji Vasudevan @ Ramalingam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Salil Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. A supplementary affidavit has been filed by the learned counsel for the applicant which is taken on record.
2. Heard Sri Salil Tripathi, the learned counsel for the applicant as well as Sri Rao Narendra Singh, the learned A.G.A-I for the State and perused the record.
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 124 of 2021, under Section 120-B, 420, 409, 467, 468, 471 I.P.C., registered at Police Station Kotwali Dehat, District Bahraich.
4. The aforesaid case has been registered on the basis of F.I.R. lodged on 17.03.2021 against three persons not including the applicant, alleging that the informant's entity Simbahwati Sugars Mill Ltd. had entered into an agreement for sale of sugar to Sri. Venkateshwara Global Trading Pvt. Ltd. for being exported. The informant's Company supplied sugar for being exported in the month of January 2020, but the accused persons did not furnish documents relating to its export within a period of 45 days due to which the informant's company was deprived of the amount of subsidy to which it was otherwise entitled.
5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case. The applicant was a director of the Company till 03.05.2017 whereas the supply in question was made in the year 2019.
6. The applicant's involvement in 15 other cases has been disclosed in the affidavit filed in support of the bail application and a supplementary affidavit has been filed stating that the applicant has already been granted bail in 8 cases and in rest of the cases, the bail application is pending.
7. The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.
8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the grievance of the informant is that it was not provided documents enabling it to claim exports subsidy for sugar supply for being exported under the commercial agreement; that the applicant has been implicated merely because he has meant to be a director of the purchaser's Company whereas the applicant has resigned wayback much prior entering into the sugar supply agreement and supply thereof and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.
9. Accordingly, this bail application stands allowed.
10. Let the applicant- Morimisetty Pandu @ Balaji Vasudevan @ Ramalingam be released on bail in the aforesaid 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.
(Subhash Vidyarthi,J.) Order Date :- 25.8.2023 Preeti.