Facts of the Case

The applicant, Tarun Kumar, filed an anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973, apprehending arrest in connection with Case Crime No. 170 of 2022, registered under Section 420 of the Indian Penal Code, 1860 and Section 63 of the Copyright Act, 1957, at Police Station Brahmpuri, District Meerut.

The applicant submitted that he is the proprietor of Yuvraj Trading Company, engaged in purchasing goods from dealers and selling them to customers. He stated that his business is duly registered under GST, Udyog Aadhaar Registration, and Trademark Registration. According to him, he is a bona fide purchaser of goods and has been falsely implicated in the present case. He further asserted that he has no previous criminal antecedents and is willing to cooperate with the investigation.

The State opposed the anticipatory bail application; however, it could not dispute the factual submissions made on behalf of the applicant.

Issues Involved

  1. Whether the applicant was entitled to anticipatory bail under Section 438 CrPC in connection with offences under Section 420 IPC and Section 63 of the Copyright Act.
  2. Whether the absence of criminal antecedents, bona fide business activities, and willingness to cooperate with the investigation justified granting anticipatory bail.

Petitioner's Arguments

  • The applicant is innocent and has been falsely implicated.
  • He is the proprietor of a legally registered trading concern.
  • The business is registered under GST, Udyog Aadhaar, and Trademark.
  • He purchases goods from dealers and sells them in the ordinary course of business.
  • He is a bona fide purchaser and no offence is made out against him.
  • He has no criminal history.
  • He undertook to cooperate with the investigation and not misuse the liberty of bail.

Respondent's Arguments

  • The learned Additional Government Advocate opposed the anticipatory bail application.
  • However, the prosecution could not dispute the factual submissions regarding the applicant's business activities, bona fide purchase of goods, and absence of criminal antecedents.

Court Order / Findings

The Allahabad High Court, without expressing any opinion on the merits of the case, observed that considering:

  • the nature of allegations,
  • the absence of any criminal antecedents,
  • and the facts placed before the Court,

the applicant deserved protection by way of anticipatory bail.

Accordingly, the Court directed that in the event of arrest, the applicant shall be released on anticipatory bail till submission of the police report under Section 173(2) CrPC, subject to furnishing a personal bond with two sureties and compliance with specified conditions.

The Court further directed that:

  • the applicant shall cooperate with the investigation;
  • he shall remain available for interrogation whenever required;
  • he shall not threaten or influence witnesses;
  • he shall not leave India without prior permission of the Court and shall deposit his passport, if any;
  • in case of breach of any condition, the Investigating Officer may seek cancellation of anticipatory bail;
  • the investigation shall be concluded expeditiously, preferably within three months.

Important Clarification

  • Mere registration of a criminal case involving allegations under the Copyright Act and Section 420 IPC does not automatically disentitle an accused from anticipatory bail.
  • The Court emphasized that absence of criminal antecedents, bona fide commercial transactions, and willingness to cooperate with the investigation are relevant considerations while deciding an anticipatory bail application.
  • The observations made while granting anticipatory bail shall not affect the merits of the investigation or trial.

Sections Involved

  • Section 438, Code of Criminal Procedure, 1973 – Anticipatory Bail
  • Section 173(2), Code of Criminal Procedure, 1973 – Submission of Police Report
  • Section 420, Indian Penal Code, 1860 – Cheating and Dishonestly Inducing Delivery of Property
  • Section 63, Copyright Act, 1957 – Offence of Copyright Infringement

Link to Download the Order

https://www.mytaxexpert.co.in/uploads/1785408861_2426compressed.pdf

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