Allahabad High Court
Ankesh Yadav vs State Of U.P. on 12 June, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13926 of 2020 Applicant :- Ankesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing.
Heard learned counsel for the applicant and learned AGA for the State through Video Conferencing.
Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order on Criminal Misc. Bail Application The instant bail application has been filed on behalf of the applicant, Ankesh Yadav, with a prayer to release him on bail in Case Crime No. 34 of 2020, under Sections 3/7 Essential Commodities Act, 1955 and under Section 409 IPC, Police Station Baghauch Ghat, District- Deoria during pendency of trial.
Submission is that the applicant is the Pradhan of the village. The allegation is against the fair price shop dealer as he was not distributing essential commodities as per direction of the government and therefore, applicant was entrusted with the work. The applicant is alleged to have not also fairly performed his duty of distribution of essential commodities to the fair price shop card holders. Therefore, he has been implicated. It has been submitted that the duty of distribution of essential commodities was of the fair price shop dealer and applicant has been falsely implicated in this case. He is pradhan of the village and on account of party politics he has been implicated. Applicant is in jail since 19.04.2020 and has no criminal history to his credit.
Learned AGA has opposed the prayer for bail of the applicant.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.6.2020 SS