- (1.) Heard Sri Rajiv Lochan Shukla and Sri Shiv Kant Awasthi, learned counsel for the applicant, and Sri Ripusudan Yadav, learned AGA appearing for the State and perused the record.
(2.) It has been argued by the learned counsel for the applicant that the applicant is the owner of the factory from where the articles in question were recovered. The four other co-accused, who are the labrourer of the factory have already been granted bail by the competent court. He submitted that applicant was forcibly taken away from his house. The applicant is doing business of wholesale general merchant of goods. The allegation levelled against the applicant is false, frivolous and baseless. The applicant has no criminal history. The applicant is languishing in jail since 16.06.2015.
(3.) Learned A.G.A. opposed the prayer for bail but could not dispute with the aforesaid facts. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case. Let the applicant Abhishek @ Badkau Gupta, involved in Case Crime No. 196 of 2015, under Sections 419, 420, 467, 468, 471, 272, 273, 481, 482 IPC, and Section 103/104 Trade Mark Act, Police Station Bindki, District Fatehpur, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.;