Friday, October 7, 2022

Allahabad High Court grants anticipatory bail to tanker owner accused of selling fake diesel

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The Allahabad High Court has granted anticipatory bail to Jitendra Pratap Chand, who is accused of supplying fake diesel. A single-judge bench of Justice Samit Gopal passed this order while hearing the anticipatory bail application.

The anticipatory bail application under Section 438 CrPC has been filed by Chand, seeking anticipatory bail in case under Section 415, 418, 420, 469 IPC and 3/7 Essential Commodities Act, Police Station Belipar, District Gorakhpur. The counsel for the applicant argued that the applicant has been falsely implicated in the case.

It is argued that the applicant is a tanker owner and there is an allegation that he is involved in the transportation and supply of fake diesel. The counsel for the applicant submitted that the applicant was not present at the place of occurrence and only because his tanker is associated with certain companies in transportation of petroleum products, he has been falsely implicated with malafide intentions.

There is no evidence whatsoever that it was the applicant who was in the knowledge of the fact that fake diesel was loaded in the tanker and the same was being supplied. There is no allegation that the applicant was even previously involved in any case like this. The counsel further submitted that the applicant has no previous criminal antecedents.

The counsel for the state opposed the prayer for anticipatory bail and argued that the applicant is named and his tanker was found parked in a closed petrol pump with fake diesel. “After hearing counsel for the parties and perusing the record, it is evident that applicant has no criminal history and he was not present on the spot. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in the case,” the Court observed.

The Court ordered in the event of arrest of the applicant Jitendra Pratap Chand, he shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs 25,000 with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:
(i) the applicant shall make himself available for interrogation by a police office as and when required;
(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police office;
(iii) the applicant shall not leave India without the previous permission of the Court and if he has a passport the same shall be deposited by him before the S.S.P./S.P. Concerned.

In default of any of the conditions, the Investigating Officer is at liberty to file an appropriate application for cancellation of anticipatory bail granted to the applicant. The Investigating Officer is directed to conclude the investigation of the case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of the order independently without being prejudiced by any observation made by the Court while considering and deciding the anticipatory bail application of the applicant.

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