Bajrang Prasad Gupta @ Bajrang Gupta v. The State of Jharkhand
Case at a glance
Provisions considered
- Indian Penal Code, 1860 s. 420
- Copyright Act, 1957 ss. 63, 65
- Trade Marks Act, 1999 ss. 103, 104
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 44. Having heard learned counsel for the parties, this Court is inclined to enlarge the petitioner, above named, on anticipatory bail. Accordingly, the petitioner, in event of his arrest or surrender before the court below within three weeks from today, shall be released on bail…
Judgment
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : : For the State Mr. Sabyasanchi, Advocate Mrs. Bandana Sinha, APP ----- Order No.04 Date: 18.07.2024
The petitioner is apprehending his arrest in a case registered under Section 420 of the Indian Penal Code; Sections 63 & 65 of the Copyright Act, 1957; and Sections 103 and 104 of the Trade Marks Act, 1999.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. Even as per the written report of the informant, it would be evident that no “CHANA SATTU/BESAN” having logo of “Fortune” has been found in the house of the petitioner, rather few empty plastic packets of “CHANA SATTU”, “BESAN” and filled packets of “CHANA SATTU” & “BESAN” with logo of “Fortuner” as well as packing machine were found from the house of the petitioner. There is apparent difference between the logo of “Fortune” and “Fortuner”. Hence, there is no violation of Copyright Act, 1957 and Trade Marks Act, 1999. The petitioner has no criminal antecedent as has been stated in paragraph no.12 of the present anticipatory bail application. He, undertakes to co- operate in ongoing investigation of the case. Hence, he may be given the privilege of anticipatory bail.
Learned A.P.P. opposes the petitioner’s prayer for anticipatory bail.
Having heard learned counsel for the parties, this Court is inclined to enlarge the petitioner, above named, on anticipatory bail. Accordingly, the petitioner, in event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount, each, to the satisfaction of learned Judicial Magistrate, 1st Class, Garhwa, in connection with Ranka P.S. Case no.51 of 2024, subject to the condition as laid down under Section 438(2) Cr.P.C. Sanjay/ (Rajesh Shankar, J.) -2- A.B.A. No.4108 of 2024
Questions this judgment answers
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — s. 420; Copyright Act, 1957 — ss. 63, 65; Trade Marks Act, 1999 — ss. 103, 104; Code of Criminal Procedure, 1973 — s. 438(2).
Which court decided this case, and when?
Jharkhand High Court, on 18 Jul 2024. The bench was RAJESH SHANKAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.