Ran Vijai v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45093 of 2023 Applicant :- Ran Vijai Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Arya,Deepesh Kumar Ojha,Naman Navin Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2By means of this bail application applicant seeks bail in Case Crime No.396 of 2023, under Sections 419, 420, 467, 468, 471, 486 IPC, Section 103/104 of the Trade Marks Act, 1999 and Sections 63, 65 of Copyright (Amendment) Act, 1957, Police Station Baberu, District Banda, during the pendency of trial.

¶3Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. The applicant is the son of the real owner of the alleged shop. He is not the absolute owner. It is further contended that the products were not prepared and manufactured by the applicant. He has purchased the material in question from the authorized dealer of J.K. Cement Company for which receipts have been annexed as annexure-2 to the affidavit filed in support of the bail application. He was not knowing that the alleged material was adulterated and was not in accordance with the norms of the JK White Cement and JK Wall Putty. He is law abiding citizen. It is next contended that co-accused Shymabihari @ Shyam Shivhare, having identical role, has been granted bail by this Court in Crl. Misc. Bail Application No. 42668 of 2023 vide order dated 30.10.2023. There is no criminal history against the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 17.08.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has vehemently opposed the bail application but he could not dispute the submission made above.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Ran Vijai, involved in the aforesaid case crime 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 2.12.2023 S.Verma High Court of Judicature at Allahabad