9911796707
TMI Blog2020 (1) TMI 834X X X X Extracts X X X X X X X X Extracts X X X X ..... icant, learned AGA and perused the record. By means of this application, the applicant, who is involved in case crime no. 658 of 2019, under Sections 420, 467, 468, 471 IPC read with Sections 63, 65 Copy Right Act read with Sections 102, 103 Trade Marks Act, P.S. Mugal Sarai, District- Chandauli, is seeking enlargement on bail during the trial. As per prosecution case in brief, on 02.12.2019 FIR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ification Number. Placing reliance on form XI issued by Department of Commercial Taxes Government of U.P., it is pointed out that nature of business of the applicant is that of an Exporter, Wholesaler, Retailer and Manufacturer and the description of trade is polythene bags, plastic bags, pouches and closures etc. It is next submitted that the applicant in order to run his business purchased wast ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s next submitted that premises of the applicant was searched by the Sub Inspector of the concerned police station and seized the good in violation of mandatory provision enumerated in Section 115(4) and 134 of the Trade Marks Act. It is also submitted that present case is not a case of infringement of any 'Artistic Work' as defined under Sections 2(c) and 2(y) of the Copy Right Act, hence, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of bail. Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. Let the applicant Deokant Pal, be released on bail in the aforesaid case crime number ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t concerned will be at liberty to cancel the bail and send the applicant to prison. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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