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Neutral Citation No. - 2025:AHC:115057 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5422 of 2025 Applicant :- Hakim Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 175 of 2023, under Sections 63, 65 Copyright Act, 103/104 Trademark Act and 420 I.P.C., Police Station Ramgarh, District Firozabad. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of fake oil tins has been shown from a tempo which does not belong to the applicant. There is no independent witness to the alleged recovery. The applicant has no concern with the alleged incident. At this stage there is no credible evidence to link the applicant with the offence. The investigation has been completed. Charge-sheet has been submitted. The applicant had cooperated in the investigation. During the course of investigation the applicant was granted the benefit of Section 41-A Cr.P.C. The applicant has been summoned by the court concerned. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that there is no independent witness to the alleged recovery; at this stage there is no substantive evidence to link the
applicant with the offence; the investigation has been completed; the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Hakim Ali, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (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; (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 concerned court.
7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 16.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad