Abhimanyu Prasad @ Abhimanyu Kumar v. The State of Jharkhand
Case at a glance
- Bench
- RAJESH KUMAR
Provisions considered
- Trade Mark Act, 1999 ss. 103, 104
- Copy Right Act, 1957 ss. 63, 64, 65
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 55. Considering the fact that investigation is complete and this applicant has co-operated with the investigation and also considering the nature of allegation and the material available on record, I am inclined to grant the privilege of anticipatory bail to the applicant. Accordingly, the above…
Judgment
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR ----- For the Petitioner For the State ----- ----- 08/Dated: 31/07/2023 : Mr. Rishi Pallava, Advocate : Mr. B.N.Ojha, A.P.P
Apprehending his arrest, the applicant has moved this Court for grant of privilege of anticipatory bail in connection with Kharaundhi P.S. Case No.37 of 2022, registered for the offence under Sections 103/104 of the Trade Mark Act, 1999 and Sections 63/ 64/ 65 of the Copy Right Act, 1957.
Innocence has been claimed and undertaking has been given for participation in the trial. It has been submitted that investigation is complete. Further, it is private dispute and the entire investigation has been done by a private person and the same has been approved by the police. It has been further submitted that there is a political rivalry between the parties and that is also a reason for lodging a false F.I.R. Hence, he may be granted the privilege of anticipatory bail.
Learned A.P.P has opposed the prayer for bail. From perusal of record it appears that there is an allegation of misusing the trade name of the informant regarding the paddy seeds.
Considering the fact that investigation is complete and this applicant has co-operated with the investigation and also considering the nature of allegation and the material available on record, I am inclined to grant the privilege of anticipatory bail to the applicant. Accordingly, the above named applicant is directed to surrender in the Court below within four weeks from the date of receipt/production of this order and in the event of his arrest or surrender, the Court below shall enlarge the above named applicant, on bail, on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, Garhwa in connection with Kharaundhi P.S. Case No.37 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Further, the applicant will submit self-attested copy of his Aadhar Card and also give his mobile number before the learned court below, which he will not change during pendency of this case without prior permission of the court. Shahid (Rajesh Kumar, J.)
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.