Shaheed v. State), the copy of the said order is annexed as Annexure

2. A counter affidavit filed by the State and rejoinder affidavit to the same by learned counsel for the applicant have already been filed which are on record.

3. Heard Sri Ram Prakash Dwivedi, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on records.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Gopal @ Hemendra, seeking enlargement on bail during trial in connection with Case Crime No. 0175 of 2024, under Sections 111(2) (b) of B.N.S. and Section 3/7 of Essential Commodities Act, 1955, Police Station Kagarol, District Agra.

5. The allegations in the present matter are that on 26.12.2024 V.K. Sharma, Sub- Inspector, Police Station Kagarol, District Agra received an information on phone that from Akola to Kagarol on the way a pick-up loaded with food-grains is going on which the same was intercepted and brought to the police station. The vehicle was identified as UP80HT0928. The District Supply Officer was informed about the same. On search of the vehicle it was found that gunny bags filled with rice are loaded in it which are tagged with tags marked as fortified rice which goes to show that the same is of Public Distribution System. Shaheed the driver of the vehicle was apprehended and was interrogated. It was informed that Sumit and the applicant are involved in the present matter who helped transporting the material. They were also arrested who were following the vehicle. The gunny bags were stitched with machine and marked with tag as fortified rice which goes to show that they are Government fortified rice. The food-grains were thus taken in possession which were expected to be for black-marketing. The first information report was thus lodged.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that as per the prosecution case itself the recovery is from co-accused Shaheed. While placing paragraph 12 of the affidavit it is submitted that co-accused Sumit and Shaheed have been granted bail the trial court vide order dated 18.01.2025 passed in Bail Application Nos. 237 / 2025 (Sumit Vs. State) and 238 / 2025 (Shaheed Vs. State), the copy of the said order is annexed as Annexure-5 to the affidavit. While placing paragraph 4 & Annexure-SA-1 of the supplementary affidavit dated 04.05.2025 it is submitted that charge-sheet dated 25.03.2025 has been submitted against the applicant, Sumit and Shaheed, under Section 111(2)(b) of B.N.S. and Section 3/7 of Essential Commodities Act, 1955. It is submitted that perusal of the charge-sheet would go to show that the investigation in the matter is still going on. Learned counsel has placed paragraph 13 & 14 of the affidavit and submitted that the applicant is shown to be involved in 09 other cases of the same nature but the applicant is on bail in all the said cases and has not been convicted in the said cases. The applicant is in jail since 27.12.2024.

7. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the investigation in the present matter is still going although a charge-sheet has been submitted against the applicant, Sumit and Shaheed. While placing paragraph 3 of the counter affidavit it is submitted that search is going on for the other accused persons who have sold the rice to the accused but the statement of the accused does not give any clue for it. It is submitted that the said rice is belonging to the Public Distribution System and as such possession of it by Shaheed was without any explanation. It is not disputed that Sumit and Shaheed have been granted bail. It is further submitted that there are efforts going on to trace the persons who have sold the said food-grain to the applicant and as such the investigation would be concluded at the earliest by identifying them and taking appropriate legal action against them. It is submitted that the applicant is having criminal history of 09 cases out of which 08 cases are of the same nature and 01 is the other case, Annexure-CA-5 to the said counter affidavit has been placed before the Court. It is submitted that looking to the facts of the case, the present bail application be rejected.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the alleged food-grain has been recovered from a vehicle which was being driven by co-accused Shaheed. Co-accused Shaheed and Sumit who have been charge-sheet along with the applicant have been granted bail.

9. Till date the person who has sold the said food-grains has not been identified for which as per learned counsel for the State efforts are going on. It is expected that the said investigation would conclude as expeditiously as possible and diligently.

10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

11. Let the applicant- Gopal @ Hemendra, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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

13. The bail application is allowed.

14. A copy of this order be communicated to the Senior Superintendent of Police, Agra.

15. Pending application (s), if any, shall stand disposed of. Order Date :- 26.5.2025/AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. A counter affidavit filed by the State and rejoinder affidavit to the same by learned counsel for the applicant have already been filed which are on record.

3. Heard Sri Ram Prakash Dwivedi, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on records.

4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Gopal @ Hemendra, seeking enlargement on bail during trial in connection with Case Crime No. 0175 of 2024, under Sections 111(2) (b) of B.N.S. and Section 3/7 of Essential Commodities Act, 1955, Police Station Kagarol, District Agra.

5. The allegations in the present matter are that on 26.12.2024 V.K. Sharma, Sub- Inspector, Police Station Kagarol, District Agra received an information on phone that from Akola to Kagarol on the way a pick-up loaded with food-grains is going on which the same was intercepted and brought to the police station. The vehicle was identified as UP80HT0928. The District Supply Officer was informed about the same. On search of the vehicle it was found that gunny bags filled with rice are loaded in it which are tagged with tags marked as fortified rice which goes to show that the same is of Public Distribution System. Shaheed the driver of the vehicle was apprehended and was interrogated. It was informed that Sumit and the applicant are involved in the present matter who helped transporting the material. They were also arrested who were following the vehicle. The gunny bags were stitched with machine and marked with tag as fortified rice which goes to show that they are Government fortified rice. The food-grains were thus taken in possession which were expected to be for black-marketing. The first information report was thus lodged.

6. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that as per the prosecution case itself the recovery is from co-accused Shaheed. While placing paragraph 12 of the affidavit it is submitted that co-accused Sumit and Shaheed have been granted bail the trial court vide order dated 18.01.2025 passed in Bail Application Nos. 237 / 2025 (Sumit Vs. State) and 238 / 2025 (Shaheed Vs. State), the copy of the said order is annexed as Annexure-5 to the affidavit. While placing paragraph 4 & Annexure-SA-1 of the supplementary affidavit dated 04.05.2025 it is submitted that charge-sheet dated 25.03.2025 has been submitted against the applicant, Sumit and Shaheed, under Section 111(2)(b) of B.N.S. and Section 3/7 of Essential Commodities Act, 1955. It is submitted that perusal of the charge-sheet would go to show that the investigation in the matter is still going on. Learned counsel has placed paragraph 13 & 14 of the affidavit and submitted that the applicant is shown to be involved in 09 other cases of the same nature but the applicant is on bail in all the said cases and has not been convicted in the said cases. The applicant is in jail since 27.12.2024.

7. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the investigation in the present matter is still going although a charge-sheet has been submitted against the applicant, Sumit and Shaheed. While placing paragraph 3 of the counter affidavit it is submitted that search is going on for the other accused persons who have sold the rice to the accused but the statement of the accused does not give any clue for it. It is submitted that the said rice is belonging to the Public Distribution System and as such possession of it by Shaheed was without any explanation. It is not disputed that Sumit and Shaheed have been granted bail. It is further submitted that there are efforts going on to trace the persons who have sold the said food-grain to the applicant and as such the investigation would be concluded at the earliest by identifying them and taking appropriate legal action against them. It is submitted that the applicant is having criminal history of 09 cases out of which 08 cases are of the same nature and 01 is the other case, Annexure-CA-5 to the said counter affidavit has been placed before the Court. It is submitted that looking to the facts of the case, the present bail application be rejected.

8. After having heard learned counsel for the parties and perusing the record, it is evident that the alleged food-grain has been recovered from a vehicle which was being driven by co-accused Shaheed. Co-accused Shaheed and Sumit who have been charge-sheet along with the applicant have been granted bail.

9. Till date the person who has sold the said food-grains has not been identified for which as per learned counsel for the State efforts are going on. It is expected that the said investigation would conclude as expeditiously as possible and diligently.

10. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

11. Let the applicant- Gopal @ Hemendra, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 B.N.S.S., 2023. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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

13. The bail application is allowed.

14. A copy of this order be communicated to the Senior Superintendent of Police, Agra.

15. Pending application (s), if any, shall stand disposed of. Order Date :- 26.5.2025/AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad