Facts of the Case

This is a criminal bail order under the Indian Penal Code and the Copyright Act, not a GST case. The applicant, Mohd Aquib, sought bail in Case Crime No. 50 of 2023, registered at Police Station Chamanganj, Kanpur Nagar, under Sections 420, 467, 468, 471, 483 of the IPC and Sections 63/65 of the Copyright Act, in connection with the recovery of thousands of belts bearing fake labels of an international brand (Woodland) and other brands. A co-accused, Kamran, was first arrested and found manufacturing belts with fake labels; his confessional statement led to the applicant, whose shop was raided and found to contain belts of various international brands.

The applicant's counsel contended he was a bona fide person; his father, Parvez Ahmad, ran the shop, paid GST, and held a valid GST registration number, and the recovery was wrongly foisted on the applicant, who had no criminal history and had been in custody since 3 May 2023.

Issues Involved

  1. Whether the applicant made out a case for regular bail during pendency of trial.

Petitioner's Arguments

  • The applicant had nothing to do with the offence; his father operated the shop, held a valid GST registration, and paid GST.
  • The applicant had no criminal antecedents and had already spent a substantial period in custody.
  • If released, he would not misuse the liberty of bail.

Respondent's Arguments

The learned A.G.A. vehemently opposed the bail application on behalf of the State.

Court Order / Findings

  • Considering the nature of the offence, the evidence on record regarding complicity, the mandate of Article 21, and the Supreme Court's dictum in Satender Kumar Antil v. Central Bureau of Investigation, 2022 SCC OnLine SC 825, and without expressing any opinion on the merits of the case, the Court held the applicant had made out a case for bail.
  • Bail was granted subject to standard conditions — a personal bond with two sureties, an undertaking not to seek adjournments when witnesses are present, mandatory personal presence at key trial stages, and liability to proceedings under Sections 82/174-A CrPC and cancellation of bail in case of misuse.

Important Clarification

The applicant's father's GST registration was cited purely as evidence of a legitimate business, in support of the bail plea — it was not examined or ruled upon by the Court as a GST law question. The order decides only the bail application, expressly without commenting on the merits of the underlying forgery and copyright infringement allegations.

Sections Involved

  • Indian Penal Code, 1860 — Sections 420, 467, 468, 471, 483
  • Copyright Act, 1957 — Sections 63 and 65

Decision – In Favour of

Decided in favour of the applicant on the limited question of bail. The bail application was allowed subject to conditions, without any finding on the merits of the criminal case.

Case Details

Court: High Court of Judicature at Allahabad
Case No.: Criminal Misc. Bail Application No. 28441 of 2023
Neutral Citation: 2023:AHC:129579
Coram: Justice Krishan Pahal
Date of Order: 28 June 2023

Link to Download the Order

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