Allahabad High Court allowed the Anticipatory bail application filed on behalf of the directors of one of the biggest players in the field of cattle feed in the country, M/S Kapila Krishi Udyog Pvt Ltd Namely Saurabh Shivhare and Sameer Shivhare. The Applicants have been granted interim Anticipatory Bail in case crime no. 0082 of 2020 U/S 419, 420 IPC and 102 , 103 of the Trademarks Act 1999 Registered at Kanpur by their arch rival for alleged violation of Trademark by the said directors.
The Bench Presided By Hon. Justice Govind Mathur Chief Justice, Allahabad High Court, considering the urgency in the matter as it involved life and liberty of the applicants considered the matter filed through E-mail in an unprecedented manner. The matter was considered at the residence of the Hon'ble Chief Justice on 1st April 2020.
The bail application was filed and presented by applicants' Advocates Shishir Prakash, Kartikey Saran and Shad Khan. The State of U.P. was represented through the Additional Govt. Advocate, State of UP.
It was averred that the instant F.I.R. dated 25.03.2020 is nothing but an abuse of law and it has been lodged deliberately by the informant for an unintended, malicious and perverse reasons to get the Applicants' arrested especially when the judicial proceedings are suspended in the country. It was further contended by the Applicants that it is surprising or rather shocking to note during a time of crisis when the entire country is in a state of lockdown on contain the spread of COVID-19 and the Courts have instructed to release the undertrials on Interim bail, and prisoners on Parole in order to decongest the prison, the conduct of the local Police are methodically raiding the house of the Applicants and are hell bent on apprehending the Applicants in the instant matter which is in sharp contrast to the aforementioned directives.
It was further submitted that the complaint was initiated at the behest of the Applicant's Uncle and the dispute between the parties is of private, family/business dispute and no criminal case is made out against the Applicants. In any case, the matter concerning the parties has been referred by the Hon'ble Apex Court to the sole arbitrator Hon. Justice Anil R. Dave (retd.) Former Judge Supreme Court of India vide it's order dated 24.02.2020. Still further, the present criminal proceedings were initiated to thwart the arbitration process on the basis of a malicious and motivated complaint by the Applicants' Uncle and business rival.
After considering the bail application and the instructions of the Government Advocate through email, the applicants were granted interim relief. The matter has been posted on 20th April 2020 for further consideration.
The Court passed the following direction, "Having considered all relevant facts, I deem it appropriate to adjourn this application for 20th April, 2020.
Let this application be listed on 20th April, 2020.
Till then, the applicants, Saurabh Shivhare and Sameer Shivhare be not arrested in relation to the investigation pertaining to Case Crime No.0082 of 2020, under Sections 419, 420 Indian Penal Code and Sections 102, 103 of Trade Mark Act, 1999, P.S. Chaubeypur, District
The Hon'ble Court has further directed the applicants to file the copy of the order self-attested by their advocate further directing the authorities to confirm and verify the said order from the website of the High Court. The order has been uploaded on the website of the Allahabad High Court.
This is one of the few matters which the Hon'ble Allahabad High Court has considered during such a critical time when the entire High Court and all associated offices are shut down to avoid the spread of COVID19.
Click here to download the Order