Radhe v. State Of U.P. Thru. Secy. Home Deptt. Lko

in FIR/ Case Crime No.439 of 2012, under Sections 418, 420, 424 I.P.C. & Section 3/7 of Essential Commodities Act, Police Station- Tikuniya, District- Lakhimpur Kheri.

It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the instant matter. He further submits that as per version of FIR the applicant was involved in black marketing of fertilizer, i.e. urea though the applicant was not arrested on spot and he was implicated by the police on the basis of suspicion. He next submits that there is no cogent evidence against him and the charge sheet has been filed thus, there is no possibility that he would tamper the evidences or would threaten the witnesses. Adding his arguments, he submits that the applicant has no previous criminal history which is mentioned in para no.26 of the application and he undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

Per contra, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, he is not entitled for any relief.

Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 02.06.2025; the applicant has no criminal intent to commit any offence and there is no truthfulness in the allegation made in the FIR; there is no cogent piece of evidence against the applicant so as to connect him with the offence coupled with the fact that the applicant has undertaken that in case, he is granted bail, he will not misuse the liberty of same and would cooperate in the trial proceedings.

Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

Let the applicant- Radhe involved in the aforementioned 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:- (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A IPC (Now Section 269 BNS); (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. (Now Section 351 BNSS); and (iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (Now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (Now Section 209 BNS).

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 24.6.2025 Anand/-