Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33380 of 2009 Petitioner :- Harlal And Another Respondent :- State Of U.P. Petitioner Counsel :- Pankaj Bharti Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Applicants-Harlal and Permanand seek bail in Case Crime No. 386 of 2009
under Section 420 I.P.C and under Sections 63/68 Copy Right Act, Police
Station Adarsh Mandi Shamli, District Muzaffarnagar.
Heard learned counsel for the applicants, as well as learned AGA for the State
and perused the material placed on record.
It is contended by the learned counsel for the applicants that the house in
question where duplicate articles were alleged to have been recovered belongs
to one Satpal Mittal and the applicants are his tenants. The aforesaid Satpal
Mittal has not been made an accused. He further contended that nothing has
been recovered from his possession. The alleged recovery is false and
concocted and the applicants have been roped in the present crime at the
instance of their landlord, Satpal Mittal. He further contended that there is no
public witness of the alleged incident and recovery. The complicity of the
applicants is based on the statement of the first informant and his associates
who participated in the raid. He further pointed out that the offences are
triable by the Magistrate and the applicants are in jail since 27.8.2009, having
no criminal history to their credit, thus they deserve to be released on bail at
this stage.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie, satisfaction
regarding proposed evidence and genuineness of the prosecution case were
dully considered.
Considering totality of circumstances of the case, I consider it a fit case to
enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicants-
Harlal and Permanand involved in aforesaid crime be released on bail on thier
furnishing a personal bond of Rs. 25,000/- and two sureties each in the like
amount to the satisfaction of the court concerned.
Order Date :- 2.2.2010
SFH