Shubham Jaiswal And Another v. State of U.P.

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15030 of 2020

Applicant :- Shubham Jaiswal And Another

Opposite Party :- State of U.P.

Counsel for Applicant :- Anjeet Singh

Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard Sri Anjeet Singh, learned counsel for the applicants and learned A.G.A for the State.

The implication of the applicants under section 272 I.P.C is unjustified. A special Act is holding the field. Offence under sections 420, Section 63 Copyright Act & 60 of U.P. Excise Act is bailable and triable by Magistrate. False recovery has been alleged. The applicants are languishing in jail since 03.05.2020, who are not a previous convict.

Learned A.G.A has opposed the prayer for bail application of the applicants.

Keeping in view the nature of the offence, argument advance on behalf of the parties, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

Let the applicants, Subham Jaiswal & Nitesh Jaiswal, involved in Case Crime No. 58 of 2020, under Sections- 420,

272 I.P.C. and Section 63 Copyright Act & Section 60 of U.P. Excise Act, Police Station- Shahganj, District- Prayagraj, be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.

Neutral Citation No. - 2020:AHC:54853

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3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.4. In case the applicants have 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 applicants 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 :- 19.6.2020 Ashok Gupta

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