Allowed

Safiullah Ahmad v. the State of Jharkhand

Jharkhand HC6 Mar 2024A.B.A./4195/2023

Case brief

AI extract

What is this about?

Petitioner apprehended arrest for allegedly selling duplicate Lubi submersible pumps in a cheating and copyright infringement case. The court granted anticipatory bail on furnishing bail bond with two sureties, subject to co-operation with investigation and conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted: surrender within four weeks, bail bond Rs.25,000 with two sureties, subject to investigation co-operation and s.438(2) CrPC conditions.

Safiullah Ahmad Vs the State of Jharkhand — Cheating and Forgery | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 4195 of 2023

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Safiullah Ahmad …… Petitioner

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Versus

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The State of Jharkhand ……Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Niraj Kumar Mishra, Advocate For the State : Mr. Shri Prakash Jha, A.P.P.

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Order No.05/ Dated:06.03.2024

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Heard learned counsel for the parties.

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Apprehending his arrest in connection with Nagri P.S. Case No. 134 of 2022 instituted under Sections 420 of the Indian Penal Code and Section 63/65 of Copyright Act, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

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Learned counsel for the petitioner has submitted that as per FIR, allegation against the petitioner is that he was engaged in selling duplicate submersible pump of Lubi industries.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that petitioner is not the shop owner rather his brother is running his shop in the name of Capital Agency. It is submitted that he has purchased the pumps from Kaif Sanitation Vikrant Chowk, Church Road, Ranchi, Jharkhand for which cash memo vide invoice no. 4867 has been issued which has been annexed as annexure 2 in this bail application. It is further submitted that during course of investigation nothing has been collected showing any complicity of petitioner as manufacturer of the pumps as alleged to be duplicate submersible pump. It is submitted that offence under Copyright Act is not attracted in this case and petitioner is not liable for passing of the duplicate property. It is lastly submitted that the petitioner undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of

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granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the facts and circumstances of this case, the nature of allegation coupled with materials on record, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-VI, Ranchi in connection with Nagri P.S. Case No. 134 of 2022 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Pradeep Kumar Srivastava, J.)

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R.K/

Safiullah Ahmad v. the State of Jharkhand

Case brief

What is this about?

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Safiullah Ahmad v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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