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Madhya Pradesh High Court

Arun Kumar Agrawal vs The State Of Madhya Pradesh on 14 March, 2016

                           MCRC-4543-2016
             (ARUN KUMAR AGRAWAL Vs THE STATE OF MADHYA PRADESH)


14-03-2016
     Shri Anil Khare, Senior Advocate assisted by Shri Dinesh
Upadhayay, learned counsel for the appellant.
     Shri A. P. Singh, learned G. A.. for respondent/ State.

This is first application under Section 439 of Cr. P. C. for grant of bail to the applicant, as he has been arrested on 11.1.2016 in connection of Crime No.09/2016, registered at Police Station Sanjivni Nagar, District Jabalpur for commission of offences punishable under Sections 420, 467, 471 of IPC and Sections 63 and 65 of Copyright Act.

Allegation against the applicant is that he had photocopied foreign text books and provided the same to the students unauthorisedly. From the possession of the applicant a laptop, colour printer and photocopy machine have been seized.

The applicant is in jail since 10.1.2016.

Learned Senior counsel has contended that the applicant has not prepared any forged document and no offence is made out against the applicant under Sections 420, 467, 471 of IPC.

Looking to the nature of offence and allegations levelleved against the applicant, without expressing any opinion on merits of the matter, application is allowed.

It is directed that on furnishing personal bond of Rs.50,000/- (Rs. Fifty thousand) along with one solvent surety in the like amount to the satisfaction of the trial Court, the applicant Arun Kumar Agrawal be released on regular bail. It is further directed that applicant shall not involve himself in such type of criminal activities in future, failing which this bail order shall be deemed to be cancelled.

The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the offence of which he/she is accused, or suspected of the commission of which he is suspected and;
(c) that such person shall not directly or indirectly make any inducement, treat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C. C. as per rules.

(S.K. GANGELE) JUDGE