Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44647 of 2021 Applicant :- Santosh Sehgal Opposite Party :- State Of Uttar Pradesh And Another Counsel for Applicant :- Aditya Gupta,Harsh Vardhan Gupta Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Aditya Gupta, learned counsel for the applicant, Sri B.B. Upadhyay, learned AGA for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Santosh Sehgal, seeking enlargement on bail during trial in connection with Case Crime No. 0799 of 2021, under Sections 420, 467, 468, 471 I.P.C. and Section 63 Copyright Act, 1957, registered at P.S. Chakeri, District Kanpur Nagar.
The prosecution case as per the F.I.R. lodged on 29.8.2021 at about 18:19 hours by Pawan Kumar, under Section 420 I.P.C. and Section 63 Copyright Act (Amended), 1957 against unknown person, is that he has come to know from reliable source that in Shyam Nagar, Kanpur some persons are selling fake SNK Pan Masala and also Pan Masala of other brands. The sale of the same is an offence. They are selling it in half of the price, due to the same there is also huge loss to the State Exchequer. Public is also being cheated by their act.
Learned counsel for the applicant argued that after lodging of the F.I.R. the police was investigating in the matter and then on 28.8.2021 it is alleged that at about 23:50 hours certain persons were apprehended in a car. The said persons are Ankit Dixit, Santosh Sehgal the present applicant and Dashrath. The applicant is said to be sitting on the driving seat of car bearing Vehicle No. UP 78 DL 6654. It is argued that no incriminating material has been recovered from the possession of the applicant. It is alleged that Rs.7,000/- and a mobile phone have been recovered from the applicant's possession which is not incriminating in any manner.
It is further argued that some Pan Masala,Tobacco pouch and other articles are said to have been recovered but the applicant has no concern with the same. He even has no concern with the said car. He is neither the owner nor the driver of the said car. It is argued that the applicant has been falsely implicated in the present case. The applicant is doing work of printing of calendars from his house. He is not involved in sale, manufacture or transportation of the said recovered articles. It is argued that the applicant has no other criminal antecedents as stated in para-25 of the affidavit and is in jail since 29.8.2021.
Per contra, learned AGA opposed the prayer for bail and argued that the applicant was apprehended by the police while they were investigating the matter. There has been recovery of Pan Masala, Tobacco pouch and even raw material used in manufacturing of the same. It is argued that as such the applicant is involved in the present matter.
After having heard learned counsels for the parties and perusing the record, it is evident that from possession of the applicant there is no incriminating material recovered. The recovery is from the house which is not of the applicant. The car from which around 600 pouches of SNK Pan Masala are alleged to have been recovered, does not belong to the applicant. The applicant has no previous criminal history.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Santosh Sehgal, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (out of which one surety should be the family member of the applicant) 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 27.10.2021 Naresh Digitally signed by Justice Samit Gopal Date: 2021.10.27 17:39:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad