In
The Court of (name of the judge),
Addl: Sessions Judge,
XYZ
B.A.
No. 219 of 0000.
Arshad. Vs. The State.
Petition Under Section 498, Cr.P.C.
For the
Grant of Pre-Arrest Bail.
Order.
The
accused/petitioner has sought pre-arrest bail in case FIR No.245/0000,
registered under section 3/6 and 3/7of the Price Control Act at police station ABC, XYZ.
2. As
per certificate given by the petitioner this is first pre arrest bail petition
filed by him in this Court and no other bail petition of the petitioner is
pending before any higher forum.
3. According
to FIR, the complainant, Special Magistrate Ist Class, XYZ, found the
petitioner selling eggs at higher rate than that
of the price rate issued by the Market Committee. Hence this case.
4. It
is contended on behalf of the petitioner that he is innocent; that he has
falsely been implicated in this case; that he has nothing to do with the
offence; that he is previous non-convict; that the case does not fall within
the prohibitory clause; that there is no apprehension of his abscondance or
tampering with the prosecution evidence if he is granted pre-arrest bail. He,
accordingly, has prayed for acceptance of the bail petition.
5. Arguments heard. Record perused.
6. The
petitioner is nominated in the FIR with specific role. He was allegedly found
selling the eggs at higher rate than that of the price rate issued by the
Market Committee and no malafide or
ulterior motive is established on the part of the police or the complainant who
is a Judicial Officer having no enmity or grudge with the accused-petitioner. The
offence is against the society and sufficient material is available on record
to connect him with the commission of offence alleged against him, therefore,
he is not entitled to the extra ordinary relief of pre-arrest bail.
Accordingly, the bail petition is dismissed.
Announced.
00.00.0000 Addl.
Sessions Judge,
XYZ
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