Allahabad High Court
Govind And Another vs State Of U.P. on 30 September, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28802 of 2020 Applicant :- Govind And Another Opposite Party :- State of U.P. Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned AGA for the State.
Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order on Criminal Misc. Bail Application Counsel for the applicants has prayed to correct the Section 442 IPC mentioned in the bail application, which should be 482 IPC.
Prayer is allowed.
Learned counsel for the applicants is permitted to correct the same within the course of the day.
The instant bail application has been filed on behalf of the applicants, Govind and Dharmendra, with a prayer to release them on bail in Case Crime No. 195 of 2020, under Section 29 of Pesticide Act, Section 103, 104 Trademark Act, Section 63, 64 and 65 Copyright Act and Sections 419, 420, 468, 482, 483 and 486 IPC, Police Station- Magorrah, District- Mathura, during pendency of trial.
Learned counsel for the applicants has contended that the co-accused, Om Prakash, has been granted bail by this Court on 29.9.2020 in Criminal Misc. Bail Application No.28636 of 2020. The case of the applicants stand on identical footing, hence the applicants are also entitled for bail on the ground of parity. The applicants are languishing in jail since 27.6.2020.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicants involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicants has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court their bail shall be effective after the period of short term bail comes to an end.
5. The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accuseds will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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 :- 30.9.2020 Ruchi Agrahari