Allahabad High Court
Om Prakash vs State Of U.P. on 29 September, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28636 of 2020 Applicant :- Om Prakash 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.
Order on Crl. Misc. Exemption Application The exemption application is allowed.
Order on Crl. Misc. Bail Application Heard SriA.K. Mishra andSriSati Shanker Tripathi, counsels for the applicant and learned A.G.A for the State.
Counsel for the applicant is permitted to correct the Section 442 IPC which should be 482 IPC. Counsel for the applicant is permitted to correct the same within the course of the day.
There is allegationagainst theappellant in the FIR that he wasinvolved in packing of duplicate pesticides alongwith other co-accused persons. Counsel for theapplicant has submitted that it is a case of falseimplication.Recovery has been shown from the joint possession of all the accusepersonsincluding theapplicant. It has been submittedthatthere is no public witness ofrecovery. The applicant is in jail since 27.06.2020 and has no criminal history to his credit.
Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Om Prakash, in Case Crime No. 195 of 2020,underSection 29 of Pesticide Act, Section 103, 104 Trademark Act, Section 63, 64 and 65 CopyrightAct and Sections 419, 420, 468, 482, 483 and 486 IPC, Police Station- Magorrah, District- Mathura, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused 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 :- 29.9.2020 Rohit