Heard, the learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been moved by the applicant Rajiv Chauhan alias Phool Chand in case crime no.316 of 2010, under Sections 419, 420, 467, 468 IPC read with Section 63/64 Copyright Act, P.S. Loni, District Ghaziabad, with a prayer that he may be admitted to bail.
According to the FIR the applicant and another accused persons are said to have been found in making duplicate paints by using the name of Asian Paints.
It is contended by the learned counsel for the applicant, that the applicant is a poor labourer and he was sticking the labels in the said factory, which belongs to the co-accused who had escaped from the place of occurrence.
On the other hand, the learned AGA has contended that duplicate paint has been found from the place of occurrence. According to the FIR active participation of the applicant has been found in commission of aforesaid offence. In case, he is enlarged on bail he will try to intimidate the witnesses.
The learned counsel for the applicant has contended that, the applicant has no criminal antecedent and is not a previous convict. He is in jail since 17.2.2010, and in case he is enlarged on bail he will not misuse the liberty of bail.
In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, Rajiv Chauhan alias Phool Chand involved in case crime no.316 of 2010, under Sections 419, 420, 467, 468 IPC read with Section 63/64 Copyright Act, P.S. Loni, District Ghaziabad, be enlarged on bail, on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed. In defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 16.6.2010 Mustaqeem.