Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30057 of 2019 Applicant :- Mintu Seth Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 141 of 2019, under Sections 419, 420, 467, 468, 471, 120B I.P.C. and Section 51(B), 63 Copy Right Act, P.S. Jaitpura, district-Varanasi, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant happens to be son of the person who has given his house on rent to co-accused Vikas Kumar Keshari and Jai Ram where duplicate washing powder and salt was manufacturing in the name of Tata. The alleged crime was being committed by the co-accused persons. He next submitted that the applicant is absolutely innocent and he is having no concern with the alleged crime. Further submission is that all the offences are triable by the Court of Magistrate.
He lastly submitted that the applicant has no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant is languishing in jail since 16.6.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Mintu Seth be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 141 of 2019, under Sections 419, 420, 467, 468, 471, 120B I.P.C. and Section 51(B), 63 Copy Right Act, P.S. Jaitpura, district-Varanasi subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.7.2019 Faridul