# Kiran Kumar v. State of U.P. Opp. Party - **Citation:** (2021) 1 ILRA 939 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2020-12-18 - **Case number:** Crl. Misc. Bail Appl. No. 47244 of 2020 - **Bench:** Shamim Ahmed - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/kiran-kumar-v-state-of-u-p-opp-party-46139 - **Pages:** 2 ## Headnote A. Criminal Law - The Arms Act,1959Section 4/25 - Application-grant of bailaccused falsely implicated-no criminal antecedent- recovered material planted by ## Text 1 All. Kiran Kumar Vs. State of U.P. 939 12. Let a copy of this order be sent to court below for proceeding with the case in accordance with law. ---------- (2021)01ILR A939 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 18.12.2020 BEFORE THE HON'BLE SHAMIM AHMED, J. Crl. Misc. Bail Appl. No. 47244 of 2020 Kiran Kumar ...Applicant Versus State of U.P. ...Opp. Party Counsel for the Applicant: Sri Sanjive Kumar Gupta Counsel for the Opp. Party: A.G.A. A. Civil Law - Essential Commodities Act,1955-Section 3/7-application-grant of bail-inordinate delay of 17 days in FIRapplicant running fair price shop for 10 years-no complaint ever made by the villagers-FIR lodged with ulterior motive due to village partybandi-Hence, the prayer for bail is granted. (Para 2 to 6) The bail application is allowed. (E-5) List of Cases cited: Dataram Singh Vs St. of U.P. & anr.(2018) 3 SCC 22 (Delivered by Hon'ble Shamim Ahmed, J.) 1. Heard learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record. 2. Applicant has moved the present bail application seeking bail in Case Crime No.254 of 2020 under Section 3/7 Essential Commodities Act, P.S. Dataganj, District Budaun. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive. As per the F.I.R. version the alleged incident took place on 10.08.2019 at 17-00 hours and the complainant lodged the F.I.R. on 27.08.2019 and no explanation for the inordinate delay of 17 days had been explained. As per statement under Section 161 CrPC, of the complainant he reiterated the F.I.R. version.Learned counsel for the applicant further submits that the applicant has track record of running fair price shop for the last 10 years and no complaint was ever made by the villagers. The present F.I.R. was lodged due to village partyband and bad relations with the local leaders. 4. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 27.10.2020 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 5. Learned A.G.A. opposed the prayer for bail. 940 INDIAN LAW REPORTS ALLAHABAD SERIES 6. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of UP and another, (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail. 7. The prayer for bail is granted. The application is allowed. 8. Let the applicant Kiran Kumar involved in Case Crime No.254/2019, under Section 3/7 Essential Commodities Act, P.S. Dataganj, District Budaun. be released on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :- (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date fixed in the court below and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. (3) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (5)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. (6) 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. 9. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. 10. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case. ---------- (2021)01ILR A940 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 18.12.2020 BEFORE THE HON'BLE SHAMIM AHMED, J. Crl. Misc. Ist Bail Appl. No. 46384 of 2020 Shubham Mishra ...Applicant Versus State of U.P. ...Opp. Party Counsel for the Applicant: Sri Anil Kumar Pathak, Sri Chandra Pratap Singh Counsel for the Opp. Party: A.G.A. A. Criminal Law - The Arms Act,1959Section 4/25 - Application-grant of bailaccused falsely implicated-no criminal antecedent- recovered material planted by