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2025 DAILYLAW 65905 (ALL)

PANNE LAL CHAUHAN v. STATE OF U.P. AND 2 OTHERS

ABAIL/14682/2023 · 2025-05-25

Gautam Chowdhary

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Judgment text

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Neutral Citation No. - 2025:AHC:89970 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 14682 of 2023 Applicant :- Panne Lal Chauhan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.,Raghuvansh Misra WITH Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7930 of 2023 Applicant :- Shivam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar,Anand Pati Tiwari Counsel for Opposite Party :- G.A.,Raghuvansh Misra WITH Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9030 of 2023 Applicant :- Gopal Mittal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.,Raghuvansh Misra WITH Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12564 of 2023 Applicant :- Amit Singh Opposite Party :- State of U.P. Counsel for Applicant :- Yadavendra Dwivedi Counsel for Opposite Party :- G.A.,Raghuvansh Misra WITH Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12565 of 2023 Applicant :- Manish Singh Opposite Party :- State of U.P. Counsel for Applicant :- Yadavendra Dwivedi Counsel for Opposite Party :- G.A.,Raghuvansh Misra Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, Sri Raghuvansh Misra, learned counsel for first informant, learned A.G.A. for the State and perused the record. 2. The present application has been moved on behalf of the applicants Panne Lal Chauhan, Shivam Singh, Amit Singh and Manish seeking anticipatory bail in Case Crime No.146 of 2023, under Sections 274, 275, 420, 467, 468, 471, 120-B I.P.C., Sections 102, 103, 104 Trademark Act, 1999 Section 63/64 Copy Right Act, 1957, Section 27 of Drugs and Cosmetic Act, Police Station Jajmau, District Kanpur Nagar with the prayer that in the event of arrest, applicant may be released on bail. Accused Applicant Gopal Mittal, is seeking anticipatory bail in Case Crime No.146 of 2023, under Sections 274, 275, 420, 467, 468, 471, 120- B I.P.C., Sections 102, 103, 104 Trademark Act, 1999 Section 63/64 Copy Right Act, 1957, Police Station Jajmau, District Kanpur Nagar. 3. The co-ordinate Bench of this Court have granted interim order in favour of the applicants on different dates. 4. Apart from merit issues, Learned counsel further argued that there is no credible evidence against them. It has also been submitted that applicants have no criminal antecedents and the applicants undertakes to co-operate during the trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, he shall not misuse the liberty of bail and will co- operate with the investigation and would obey all conditions of bail. 5. Learned A.G.A. and learned counsel for first informant have opposed the application for anticipatory bail. Learned A.G.A. as well as learned counsel for the informant argued that there is specific allegations against the applicants and therefore the applicants are not entitled for anticipatory bail. 6. In the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 8. Interim order, if any stands vacated. 9. The anticipatory bail application is rejected. Order Date :- 26.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad