Allahabad High Court
Mukesh Kumar Gupta And Another vs State Of U.P. on 4 March, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1919 of 2020 Applicant :- Mukesh Kumar Gupta And Another Opposite Party :- State of U.P. Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Devi Dayal, learned counsel for the applicants and Sri G.P. Singh, learned A.G.A. for the State.
This anticipatory bail application (u/s 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 0929 of 2019 under section 420 I.P.C., Sections 3 & 7 of Essential Commodities Act, Police Station Sadar Bazar, District Agra during the pendency of investigation.
Learned counsel for the applicants has argued that they have apprehension of imminent arrest. Both the applicants have been falsely implicated in this case because of being brothers. Husband of co-accused, Maya Devi (license-holder of fair price shop) was running the shop in question and after his death in the year, 2016, license had been granted to Maya Devi in place of her husband. She was running the said shop only for the name-sake while the same was mainly being run by accused applicants. Attention of the Court has also been drawn towards the G.O. Dated 25.11.2003 which provides for permission to be obtained from District Magistrate for lodging F.I.R. for offence committed under Section 3/7 of Essential Commodities Act, copy of the same is taken on record but no such permission was taken in this case. District Supply Officer, Agra had attached his shop with another person, Amit Kumar, Kachipura, Kasganj because of illness of applicant, Mukesh Kumar Gupta, documents regarding which is annexed at page no. 23 of the paper book. Suspension order of the shop of the applicant was passed by the A.D.M., Agra vide order dated 6.07.2017, documents regarding which is annexed at page no. 25 of the paper book but the same was restored by order of the District Magistrate, documents regarding which is annexed at page no. 28 of the paper book. Having pointed out these documents, learned counsel for the applicants has argued that accused himself was valid fare shop license holder and was running a shop and was falsely implicated. They have no criminal history. If released on bail they would not misuse the liberty and would co-operate with the investigation.
Learned A.G.A. has vehemently opposed the prayer of grant of anticipatory bail and and has drawn attention of the Court towards the F.I.R. in which allegation is that in an inspection made by Additional District Magistrate, it was found that in the year, 1999, fare price shop allotted in the name of husband of co-accused, Maya Devi was being run for a long time by the accused applicant and his brother illegally. 60 percent of the ration-cards attached with the said shop were found forged. E.Pos machine was being misused. 400 forged ration-cards, their food-grains was being taken by the said shop which was being sold in black-market.
Taking into consideration the gravity of accusation, looking to the fact that large number of forged ration-cards were attached with the shop in question and applicants were found to be indulging in black-marketing of the food-grains which was meant for Public Distribution System and there being possibility of their fleeing from justice, without expressing any opinion on the merits of the case, this Court does not find good ground for enlarging the applicants, Mukesh Kumar Gupta and Satya Prakash Gupta on anticipatory bail in this case.
The anticipatory bail application of the applicants Mukesh Kumar Gupta and Satya Prakash Gupta, are , accordingly, rejected.
Order Date :- 4.3.2020 A. Mandhani