Allahabad High Court
KAMRAN SHAHversusSTATE OF U.P.
- Decided
Holding
The Court held that the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Kamran Shah, who was arrested in connection with a 2019 case involving alleged counterfeiting of clothing and related offences under the IPC, Copyright Act and Trademark Act. The applicant claimed innocence, asserted that the recovered clothes were falsely linked to him, and highlighted his clean criminal record and prolonged pre‑trial detention since April 2026. The State opposed bail, citing the seriousness of the charges including fraud, forgery, and conspiracy. After reviewing the FIR, the nature of the offences and the applicant’s lack of prior convictions, the Court, without expressing a view on the merits, found the case suitable for bail. Consequently, the Court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, subject to strict conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita in a case involving offences under the IPC, Copyright Act and Trademark Act.
- Whether the applicant poses a risk of fleeing, tampering with evidence, or intimidating witnesses.
- Whether the applicant’s claim of false implication and clean record justify bail despite the seriousness of the alleged offences.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Copyright Act — s. 63
- Indian Penal Code — s. 120B, 420, 467, 468, 471
- Trademark Act — s. 103
Subjects
- bail
- criminal procedure
- counterfeit goods
- intellectual property
- Section 483 B.N.S.S.
- IPC offences
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16713 of 2026
Kamran Shah
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Kumar Jaiswal, Sandeep
Kumar Patel
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed by the learned counsel for the
applicant is taken on record.
2. Heard Sri A.K. Jaiswal, learned counsel for the applicant and Sri
B.P. Maurya, learned AGA for the State-respondents and perused
the record.
3. The present bail application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, has been filed on behalf of
applicant with a prayer to release him on bail in Case Crime No.
679 of 2019, under Sections 420, 467, 468, 471, 120B IPC and
Section 63 Copyright Act and Section 103 Trademark Act,
registered at Police Station Chakeri, District Kanpur Nagar, during
pendency of the trial.
4. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 9.4.2026. It is
further submitted that as per FIR 24 bundles of clothes are said to
have been recovered from the shop of the applicant alleging
therein that the said clothes were being sold by affixing fake label
of Raymond (company of the first informant). It is also submitted
that the applicant is having no criminal history. It is also submitted
that the applicant undertakes that he will not misuse the liberty, if
BAIL No. 16713 of 2026
2
granted. It has also been pointed out that in the wake of heavy
pendency of cases in the Court, there is no likelihood of any early
conclusion of trial.
5. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant.
6. As per the allegations in the FIR, 24 bundles of clothes are said
to have been recovered from the shop of the applicant alleging
therein that the said clothes were being sold by affixing fake label
of Raymond (company of the first informant). The applicant is
having no criminal history.
7. Upon considering the totality of facts, nature and the evidence
reflected from record and without expressing any opinion on merits
of the case, I find it to be a fit case for bail. Hence, the present bail
application is ALLOWED.
8. Let the applicant- Kamran Shah involved in the aforesaid case
crime be released on bail on his 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 not directly or indirectly make any
inducement, threat, or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) 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 351 of
B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall
not seek any adjournment on the dates fixed for evidence when the
BAIL No. 16713 of 2026
3
witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on each
date fixed, either personally or through his counsel.
9. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
10. 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. The trial
court shall be absolutely free to arrive at its independent
conclusions on the basis of evidence led unaffected by anything
said in this order.
(Jitendra Kumar Sinha,J.)
May 18, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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