Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14818 of 2010 Petitioner :- Baij Nath Prashad Respondent :- State Of U.P. Petitioner Counsel :- A.P. Tewari,S.S. Tripathi Respondent Counsel :- Govt.Advocate Hon'ble Mrs. Poonam Srivastava,J.
Heard learned counsel for the applicant and learned A.G.A. for the
State.
The applicant is in jail since 24.4.2010 in connection with offence
under Sections 419, 420, I.P.C. & Section 63/64, Copy Right Act.
Submission is that the allegation in the First Information Report is
that duplicate Mico Filters were kept in the shop of the applicant
for sale but there is no allegation that any such filter was sold
either to the first informant or any other person and, therefore, the
ingredients of Section 419 and 420 are not correct. Learned
A.G.A. has argued that since the goods were kept in the shop, the
same is for sale.
No doubt, technical argument appears to be correct that since the
goods were kept in the shop it was for sale. However, taking into
consideration the entire facts and circumstances of the case and
without expressing any opinion on merit of the case, the bail
application is allowed subject to an undertaking filed by the
applicant before the Chief Judicial Magistrate concerned with an
unequivocal assertion that he will fulfill following conditions:-
a. The applicant shall not tamper with evidence or intimidate the
witnesses.
b. The applicant will appear in the first week of every month
before the C.J.M.
c. The applicant shall co-operate in the trial pending before the
Sessions Judge concerned.
Let the applicant Baij Nath Prashad involved in Case Crime No.
522 of 2010, under Sections 419, 420, I.P.C. & Section 63/64,
Copy Right Act, Police Station Farenda, District Maharajganj be
released on bail on executing a personal bond and furnishing two
sureties each in the like amount to the satisfaction of the court
concerned.
Order Date :- 14.6.2010
Shiraz