Allowed

Babbu v. State of Up

Allahabad HC5 Oct 2020BAIL/15350/2020

Case brief

AI extract

What is this about?

High Court of Allahabad allowed bail to Babbu, a driver charged under IPC 420 and intellectual property acts for transporting infringing goods, noting that as a driver he cannot be implicated for the violation and considering pandemic restrictions.

What did the court decide?

Applicant released on bail on personal bond and two sureties subject to verification of order from official website after normal court functioning resumes.

Babbu Vs State of Up — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15350 of 2020

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Applicant :- Babbu Opposite Party :- State of U.P. Counsel for Applicant :- Mazhar Ullah,Vivek Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The allegation against the applicant and other co-accused person is that they were found carrying Ultratech Cement in a vehicle but there was no M.R.P. and batch number mentioned thereon.Applicant has been implicated in this case as driver of the aforesaid vehicle.

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Learned counsel for the applicant has submitted that applicant is driver of the vehicle and he cannot be implicated for violation of Copyright Act and Trademark Act.The allegations are applicable to the owner of the goods and not the applicant.The applicant is in jail since 18.2.2020.The criminal history of one case of the applicant has been explained in paragraph-4 of the supplementary affidavit.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact..

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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.

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Let the applicant, Babbu, who is involved in Case Crime No. 18 of 2020, under Section 420 I.P.C, Section 63/65 of Copyright Act and Section 103/104 Trademark Act Police Station-Milak Khanam , District- Rampur, 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.

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The applicant shall not tamper with the prosecution evidence

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by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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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.

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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. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 5.10.2020 Atul kr. sri.

Babbu v. State of Up

Case brief

What is this about?

What did the court decide?

Babbu v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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