Allahabad High Court
Sushil Kumar And Another vs State Of U.P. on 29 January, 2021
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40490 of 2020 Applicant :- Sushil Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Yash Tandon,Rajiv Lochan Shukla Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in F.I.R. No. 159 of 2020, under Sections 272, 273, 420, 467, 468, 471 I.P.C. and Section 63 and 65 of Copyright Act, 1957, Police Station Harbansh Mohal, District Kanpur.
Learned counsel for the applicants submits that in the premises of the applicants, raid was conducted and from their premises, wrappers of pan masala and packet of cigarette etc. were recovered. He further submits that the applicants are the trader and registration of G.S.T. as well as T.I.N. number was also allotted to them and they applied for trade mark and the trade mark for Keshav Gold was rejected and the trade mark of Patan Elaichi Supari was allotted. In the meantime, two forensic reports were also obtained and in the forensic report of Keshav Gold Panmasal, sample found misbranded total ash and Ash insoluble in dil HCI exceeds the maximum prescribed limit of 8% and 0.5% and with regard to Panmasala, sample has been found misbranded and substandered and Kati Supari has been declared substandard and sample of Sri Vijay Brand Sugandhit Supari has been found misbranded and unsafe and the sample of Kattha has also been found insoluble and unsafe. Learned counsel for the applicants further submits that the forensic report has been challenged before the appellate authority. He further submits that the applicant no.1 is heart patient and marriage of daughter of the applicant no.1 is fixed on 15.02.2021. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. It is next contended that the applicants have no criminal history and they are languishing in jail since 26.09.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the aforesaid fact.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, forensic report challenged before the appellate authority, without expressing any opinion on merit of the case, the applicants are entitled for bail, let the applicants- Sushil Kumar and Aditya Kumar involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants shall not seek any adjournment on the dates 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.
(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants 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 them in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.1.2021 Ravi/-