Allahabad High Court
Saksham Singh vs State Of U.P. on 28 June, 2021
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 14
Case :- BAIL No. - 6189 of 2021
Applicant :- Saksham Singh
Opposite Party :- State of U.P.
Counsel for Applicant :- Neeraj Singh
Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Heard learned counsel for the applicant and learned Additional Government Advocate through video conferencing in terms of orders issued by Hon'ble Chief Justice taking into consideration COVID-19 situation.
Present bail application has been filed by the accused/applicant, who is involved in Case Crime No.112 of 2021, under Sections 420, 467, 468, 471, 272, 120-B I.P.C., Section 60/64-A of the Excise Act, Section 63 of the Copy Right Act, and Section 103-A of the Trade Mark Act, Police Station Safipur, District Unnao.
From perusal of the averments contained in the first information report it comes out that in a raid which had been conducted by the Excise Department on 16.04.2021 on the shop in question, the applicant along with Vishal was found selling fake liquor brands in the shop.
Learned counsel for the applicant contends that though the applicant is not a salesman rather he is only a helper yet even if the averments made in the first information report are taken at its face value even the salesman would have no role in the matter and would be bound to sell whatever is available in the shop without knowing the genuineness of the products stocked therein. It is also contended that the entire liability is of the shop owner and once admittedly the applicant is not a shop owner consequently no liability can be fastened on him. The other argument of learned counsel for the applicant is that the applicant is a student of B. Sc aged about 21 years and his examinations are scheduled to start from 16.07.2021 as per the schedule of examination, a copy of which has been filed as Annexure-5 to the bail application. The next argument taken by learned counsel for the applicant is that applicant's father was seriously ill and he was hospitalized on account of which he had taken a job in the shop in question only recently for the purpose of sustaining his family.
On the other hand, learned AGA has opposed the bail application.
Having heard learned counsel for the parties and having perused the records what is apparent is that the applicant has been described as a salesman in the first information report which has been lodged against him. Prima facie the salesman would be bound to sell whatever is stocked in the shop and thus in this view of the matter prima facie the liability would only be of the shopkeeper. Even otherwise, the applicant is said to be a student of B. Sc and his examinations are scheduled from 16.07.2021. Considering the aforesaid, the Court finds it to be a fit case for grant of bail. Accordingly, the bail application is allowed.
Let the applicant, Shaksham Singh, involved in the aforesaid crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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 CrPC (iv) argument / judgment.
(vi) 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.
(vii) Since the certified copy of this order, in view of the COVID-2019 pandemic, may not be easily available to the applicant, the applicant may file computer generated copy of this order from the official website of this Court and self- attested by the learned counsel for the applicant, before the concerned Magistrate/Court/Authority/Official.
(viii) The concerned Magistrate/Court/Authority/ Official, before accepting such computerized copy, filed by the applicant, as genuine, shall verify its authenticity from the official website of this Court.
(ix) Office is also directed to send a computerized copy of this order to the District Judge concerned through e-mail or the fax, as the case may be, forthwith.
It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 28.6.2021
A. Katiyar
