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Amit Kumar Gupta v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 1177 of 2006 [2006] RD-AH 2767 (7 February 2006)


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Hon'ble M. K. Mittal, J.

Heard Smt. Pratima Singh, learned counsel for the accused applicant, learned A.G.A. and perused the record.

Accused Amit Kumar Gupta son of Sri Naresh Gupta has prayed for release on bail in case Crime No. 517 of 2005 under Sections 3/7 Essential Commodities Act, P.S. Akbarpur, District Kanpur Dehat.

Accused was found in possession of Gas cylinders of the Agency M/s Sona enterprises Limited an authorised dealer of Bharat Gas. According to the prosecution case these cylinders were found at the P.C.O. of the accused applicant but according to the applicant he is not the owner of the P.C.O. and was only employed at the P.C.O., which belongs to one Dhirendra Singh.

In this case, main allegations are against the M/s Sona Enterprises Limited as its godown is situated behind the P.C.O. and the cylinders allegedly found at the P.C.O. are of M/s Sona Enterprises Limited as stated by the Driver of the vehicle who was un loading the cylinders as had been directed by the owner of M/s Sona Enterprises Limited.

Learned counsel for the applicant has contended that accused has been falsely implicated in this case.

In the circumstances of the case, but without prejudice to the merits of the case, accused is entitled to bail.

Let the accused named above 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.

Dated: 7.2.2006



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