Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51876 of 2021 Applicant :- Sharad Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Abhinav Gaur,Ankit Shukla,Mohd. Rashid Siddiqui,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Anoop Trivedi, learned Senior Counsel assisted by Sri Vibhu Rai, learned counsel for the applicant and Sri Rishi Chaddha, learned AGA for the State.
A first information report was lodged as Case Crime No.0878 of 2021 at Police Station- Naubasta District-Dakshini (Commissionerate Kanpur Nagar) under Sections 420, 465, 468, 471, 273 IPC and Sections 26(2) (i), 59 Food Safety Standard Act.
The bail application of the applicant was rejected by learned Special Judge (S.C./ S.T Act) on 28.10.2021.
The applicant is in jail since 08.10.2021, pursuant to the said F.I.R.
Shri Anoop Trivedi, learned Senior Counsel assisted by Sri Vibhu Rai, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has a registered copy right of the trade mark Swastik Kashmiri Powder. The trade mark is owned by M/s Adodhya Prasad Avinash Kumar. The applicant is engaged in the business of Kashmiri Powder which is used for Roli and preparation of Rangoli. The aforesaid powder is not an edible commodity. Recovered items Kasuri Methi, Dalia (Porridge), Citric Acid and Mono Sodium Glutamate are sold by another registered firm running under the name and style of M/s Sharad Trading. License for the sale of aforesaid edible products has been granted by the FSSAI. The business of the applicant is legitimate. No kashmiri mirch powder has been recovered from the applicant. Father of the applicant Sri Avinash Kumar had died while the applicant was in prison on 11.11.2021. The final rites of the deceased father have not been performed till date. The applicant does not have criminal history apart from this case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. Learned A.G.A does not dispute the fact that the applicant does not have criminal history apart from this case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Sharad Gupta involved in Case Crime No.0878 of 2021 at Police Station-
Naubasta District-Kanpur Nagar under Sections 420, 465, 468, 471, 273 IPC and Sections 26(2)
(i) , 59 Food Safety Standard Act, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 22.12.2021 Nadeem