Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7613 of 2021 Applicant :- Ashok Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, Ashok Kumar, who is involved in Case Crime No. 630 of 2020, under Sections 419, 420, 467, 468, 471 of IPC and Section 63, 65 of Copyright Act, Police Station-Jhunsi, District-Prayagraj, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 20.10.2020, F.I.R. has been lodged by the in-charge Inspector against the applicant showing the recovery of 3,216 bottles of Parachute Jasmine Oil 90 M.L., 6,219 empty bottles of Parachute Jasmine Oil 90 M.L., 38,219 stickers of Parachute Jasmine Oil, 1,201 bottle caps, 16,269 forged stickers of Bajaj Almond Oil 50 M.L., 980 bottles of Bajaj Almond Oil 200 M.L., 2,409 empty bottles of Bajaj Almond Oil 50 M.L., 3,021 caps of Bajaj Almond Oil, 2,012 forged stickers of Bajaj Almond Oil 200 M.L., 1,942 bottles of Dabur Gulab Jal 60 M.L., 428 empty bottles of Dabur Gulab Jal 60 M.L., 12,019 forged stickers of Dabur Gulab Jal 60 M.L., 1,021 caps of Dabur Gulab Jal, 32,602 duplicate pouches of Tata Tea 50 grams, 1,630 empty pouches of Tata Tea 100 grams, 80 kgs. of duplicate loose Tata Tea and 1,029 duplicate pouches of Tata Tea 100 grams from the possession of the applicant alleging inter alia that the applicant was indulged in sale of duplicate Parachute Jasmine Oil, Bajaj Almond Oil, Dabur Gulab Jal and Tata Tea. It is next submitted by the learned counsel for the applicant that the aforesaid recovery, as shown by the prosecution, is false as there is no independent public witness of the said recovery, therefore, possibility of false implication of the applicant cannot be ruled out. It is also submitted that there is no evidence of sale of the aforesaid products. It is next submitted that mandatory provisions of Copyright Act have also not been followed by the prosecution. The applicant has no criminal history and charge sheet has been submitted in this case. The applicant is languishing in jail since 20.10.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Ashok Kumar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 5.4.2021 Sunil Kr. Gupta