Allowed

Ashish Kumar Singh v. State of U.P. and Another

Allahabad HC5 Jan 2023ABAIL/12266/2022

Case brief

AI extract

What is this about?

Court granted anticipatory bail to Ashish Kumar Singh in a complaints case involving alleged cheating and copyright infringement. Bail was conditioned on a personal bond and adherence to standard terms, noting lack of a test report on seized paint.

What did the court decide?

Anticipatory bail granted till submission of police report on furnishing personal bond of Rs. 25,000 with two sureties and complying with standard conditions.

Ashish Kumar Singh Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12266 of 2022

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Applicant :- Ashish Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kartikeya Saran Counsel for Opposite Party :- G.A.,Diwan Saifullah Khan

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned counsel for the opposite party learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.356 of 2022, under sections 420, 467, 468, 469, 471 I.P.C. & Section 63/65 of Copy Right Act- 1957, Police Station Mughal Sarai, District Chandauli, during the pendency of investigation.

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Facts in brief are that an investigating team of Asian Paint Company while investigating the complaints about sale of duplicate Asian Paint visited the shop of the applicant who was a licence holder to sell the paints, varnish, hardware and other things and found some duplicate buckets of paint said to be manufactured in Asian Paint Company which was taken into possession by the investigating team, thereafter matter was reported to the police and this applicant fled away from the place. In this regard F.I.R. was lodged by the representative of the Asian Paint Company against the applicant.

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It is submitted by learned counsel for the applicant that the applicant deals in selling the paint, varnish, hardware and other things. It is also submitted that prior to the alleged incident he used to sell Asian Paint but later on he shifted to sale Berger Paint. The investigating team though took into possession the paint which was found in the shop of the applicant but no any test was made as to whether it was duplicate or original and even today no any such report is on record. Lastly, it is submitted that the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned counsel for the opposite party as well as learned A.G.A. has opposed the prayer for anticipatory bail but acceded the fact that no testing report is available till now about the fact

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as to whether paint was duplicate or original.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and from perusal of record, it appears that though paint was taken into consideration by the investigating team but no any test report was obtained as to show whether the paint was original or duplicate. In such a situation without expressing any opinion on the merits of the case the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

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In the event of arrest of the applicant- Ashish Kumar Singh , shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police office as and when required;

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(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police office;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 5.1.2023 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Ashish Kumar Singh v. State of U.P. and Another

Case brief

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Ashish Kumar Singh v. State of U.P. and Another

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