Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant is in jail since 24.4.2010 in connection with offence under Sections 419, 420, I.P.C. & Section 63/64, Copy Right Act.
Submission is that the allegation in the First Information Report is that duplicate Mico Filters were kept in the shop of the applicant for sale but there is no allegation that any such filter was sold either to the first informant or any other person and, therefore, the ingredients of Section 419 and 420 are not correct. Learned A.G.A. has argued that since the goods were kept in the shop, the same is for sale.
No doubt, technical argument appears to be correct that since the goods were kept in the shop it was for sale. However, taking into consideration the entire facts and circumstances of the case and without expressing any opinion on merit of the case, the bail application is allowed subject to an undertaking filed by the applicant before the Chief Judicial Magistrate concerned with an unequivocal assertion that he will fulfill following conditions:-
a. The applicant shall not tamper with evidence or intimidate the witnesses.
b. The applicant will appear in the first week of every month before the C.J.M.
c. The applicant shall co-operate in the trial pending before the Sessions Judge concerned.
Let the applicant Baij Nath Prashad involved in Case Crime No. 522 of 2010, under Sections 419, 420, I.P.C. & Section 63/64, Copy Right Act, Police Station Farenda, District Maharajganj be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 14.6.2010 Shiraz