Allahabad High Court
Panchabali vs State Of U.P. Thru. Prin. Secy. Home Lko. on 16 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 804 of 2023 Applicant :- Panchabali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dhirendra Pratap Singh,Virendra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Dhirendra Singh, learned counsel for the applicant and Sri Ganesh Dutt Bhatt, learned AGA for the State and perused the record.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 276/ 2022, under Sections 420/ 467/ 468/ 471 IPC and Section 3/7 Essential Commodities Act, 1955, Police Station Khandasa, District Ayodhya, which arises out of an FIR lodged by the Deputy Director, Agriculture/ Inspector Fertilizer, Adyodhya stating that a team of officials of Agriculture Department accompanied by Local Police had raided the showroom and godown of M/s Panchbali Khaad Bhandar and had collected three samples of suspicious fertilizer. From the shop and godown, empty sacs of KRIBHCO DAP, IFFCO DAP, Navratna DAP, IPL DAP, Utsav K-9, a sac sewing machine and some yarns were recovered. The recovery memo also mentions that during raid, suspicious fertilizer, empty sacs, sac sewing machine and yarn were found from the showroom and godown but at another place the same recovery memo mentions the article recovered as empty sacs, sac sewing machine and yarn and it does not mention any suspicious fertilizer having been recovered from the showroom or godown of the applicant.
3. In the affidavit filed in support of the bail application it has been stated that the applicant is innocent, he has falsely been implicated in the present case and he has no criminal history. He is languishing in jail since 27.11.2022.
4. Learned counsel for the applicant has submitted that a perusal of the recovery memo and the FIR indicate that the recovery memo has been prepared while sitting in the office without actually conducting any raid.
5. Per contra, learned AGA has opposed the prayer for grant of bail on the basis of instructions but he could not place before the Court as to whether actually any sample of any fertilizer was recovered from the shop or godown of the applicant and whether the same was sent for being tested to any laboratory.
6. Having considered the aforesaid facts and submissions and keeping in view the fact that there is material discrepancy in the recovery memo as at one place it mentions collection of samples of suspicious fertilizer but at the same time at another place it does not make any mention of recovery of any suspicious fertilizer from the premises of the applicant and there is nothing to indicate that the samples allegedly drawn were sent for being tested and coupled with the facts that the applicant has no previous criminal history, I am of the view that the applicant is also entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed.
7. Let the applicant Panchabali be released on bail in Case Crime No. 276/ 2022, under Sections 420/ 467/ 468/ 471 IPC and Section 3/7 Essential Commodities Act, 1955, Police Station Khandasa, District Ayodhya on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
8. In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 16.1.2023 Pradeep/-