Mohd Aquib vs. State Of U.P.
Held
The Court granted bail to the applicant, Mohd Aquib. The decision was based on the nature of the offense, the evidence on record regarding the applicant's complicity, and the larger mandate of Article 21 of the Constitution of India. The Court also referred to the Apex Court's dictum in Satender Kumar Antil vs. Central Bureau of Investigation. While not expressing an opinion on the merits of the case, the Court found that the applicant had made out a case for bail. The applicant was released on furnishing a personal bond and two sureties, subject to several conditions aimed at ensuring his presence during trial and preventing misuse of liberty. These conditions included undertaking not to seek adjournments, remaining present in court, and facing proceedings for misuse of bail or failure to appear. The Court clarified that these observations would not affect the trial judge's independent opinion.
Facts
The applicant, Mohd Aquib, sought bail in a case involving charges under Sections 420, 467, 468, 471, 483 IPC and Section 63/65 Copyright Act. The prosecution alleged that a co-accused, Kamran, was arrested with fake Woodland brand belts. Kamran's confessional statement implicated the applicant, and a raid at the applicant's shop allegedly recovered thousands of belts of various international brands. The applicant claimed to be a bonafide person, stating his father runs the shop, holds a valid GST number, and paid GST. He asserted no criminal history and that the recovery was wrongly attributed to him. The applicant had been in jail since May 3, 2023.
Key Issues
1. Whether the applicant is entitled to bail in Case Crime No. 50 of 2023, under Sections 420, 467, 468, 471, 483 IPC and Section 63/65 Copyright Act, considering the evidence on record and the principles of Article 21 of the Constitution of India? Petitioner's Arguments: The applicant argued that he is a bonafide person, his father operates the shop, and he has no involvement in the alleged offense. He highlighted that his father possesses a valid GST number and has paid GST, suggesting the recovery was wrongly attributed to him. The applicant also pointed to his lack of criminal history and the period he has already spent in jail. Revenue/State's Arguments: The learned A.G.A. vehemently opposed the bail application.
Sections Cited
Section 420, Section 467, Section 468, Section 471, Section 483, Section 63, Section 65, Section 82, Section 174-A, Section 229-A
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2023:AHC:129579 Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28441 of 2023 Applicant :- Mohd Aquib Opposite Party :- State of U.P. Counsel for Applicant :- Anjum Haq,Neeraj Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
Heard Sri Anjum Haq, learned counsel for the applicant, Sri Chandrabadan, learned A.G.A. for the State and perused the material placed on record.
Applicant seeks bail in Case Crime No. 50 of 2023, under Sections 420, 467, 468, 471, 483 IPC and Section 63/65 Copy Right Act, Police Station Chamanganj, District Kanpur Nagar, during the pendency of trial.
As per the prosecution story, the co-accused person Kamran was arrested by poilice and was found making belts with fake labels of Woodland company and heavy amount of belts and semi- manufactured belts were recovered from him. In his confessional statement the name of the applicant has come up and during raid at his shop several belts running in thousands were recovered of various international brands.
Learned counsel for the applicant has stated that applicant is a bonafide person and his father Parvez Ahmad runs the shop and he has n
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