Santosh Gupta vs The State

Mukta Gupta, J.—By this petition the Petitioner seeks anticipatory bail in case FIR No. 950/2014 under Sections 7/ 10/55 of Essential Commodities Act (in short the Act registered at PS Shakarpur. Learned counsel for the Petitioner submits that a false and fabricated case has been registered against the Petitioner. The Petitioner is not involved in pilferage of the gas as alleged. At the time of alleged incident the Petitioner was not even present at the shop.

The allegations against the Petitioner are that son of the Petitioner was present at the shop when checking was done and it was found that they were instruments of pilferage of gas from LPG cylinder to non-ISI small gas cylinders. The Petitioner is not the one who was found at the spot committing the said pilferage. There is no material on record to show that the Petitioner after transferring the gas from subsidized LPG cylinder to non ISI small gas cylinder was selling the same. In view of the facts and circumstances of the case, I deem it fit to grant anticipatory bail to the Petitioner. It is therefore directed that in the event of arrest the Petitioner be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount subject to the satisfaction of the Arresting Officer/SHO concerned, further subject to the condition that he will join the investigation as and when directed by the investigating officer.