SHASHI KANT GUPTA, J. - (1.) HEARD learned counsel for the applicant, learned A.G.A. and perused the record.
(2.) AS per prosecution story, the allegation against the applicant is that some essential commodities belonging to the fair price shop of the applicant were being carried by a Tractor for the purpose of black marketing and during inspection of the fair price shop of the applicant, according to the Stock Register, some irregularities were found in the distribution of the essential commodities meant for BPL card holders. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submits that the essential commodities, which are alleged to have been recovered from the alleged tractor on 26.10.2009, were being carried to the shop of one Satish Kumar Sharma, whose fair price shop was attached with the shop of the applicant, for the purpose of distribution of the same to the concerned card holders. He further submits that the applicant is dealer of a fair price shop and the allegation with regard to black marketing of the essential commodities has falsely been made only in order to harass and victimise him. He further submits that inspection was made by the inspecting team according to their whims and fancies. He further submits that, in fact, none of the card holders, as alleged by the prosecution, was interrogated by the inspecting team in the presence of the applicant and as such no reliance is liable to be placed upon the prosecution version. He further submits that the applicant had distributed the essential commodities to the card holders regularly but, due to some inevitable circumstances, their entries could not be made in the Stock Register properly, and had neither committed any irregularities in distribution of the essential commodities nor was ever indulged in the black marketing of the same. He further submits that the arrest of the applicant was stayed by this Court on 12.11.2009 in Criminal Misc. Writ Petition NO. 23342 of 2009.He further submits that the applicant has got no criminal history to his credit and there are no chances of his fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 24.6.2010.
(3.) KEEPING in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. Let the applicant Asharfi Lal involved in Case Crime No. 1402 of 2009 under Sections 3/7 Essential Commodities Act ,1955, P.S. Sahaswan, District Budaun 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:- (i)The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurise/intimidate the prosecution witness. (iii)The applicant will appear before the trial court on the date fixed.;