Deepak Talreja vs The State Of Madhya Pradesh
2022 Latest Caselaw 1649 MP

                                                               1
                        IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                  ON THE 4th OF FEBRUARY, 2022

                                        MISC. CRIMINAL CASE No. 3917 of 2022

                                Between:-
                                DEEPAK    TALREJA     S/O  KANHAIYALAL
                                TALREJA , AGED ABOUT 42 YEARS,
                                OCCUPATION: BUSINESSMAN PLOT NO. 74,
                                NEAR BUDH VIHAR, VISHWAS NAGAR,
                                JARIPATKA, NAGAR , PRESENTLY RESIDING
                                AT PLOT NO 1863/A, NARA RING ROAD NEAR,
                                JARIPATKA,          DISTT.      NAGPUR
                                (MAHARASHTRA)

                                                                                                 .....PETITIONER
                                (BY SHRI ANIL KHARE, LEARNED SENIOR COUNSEL )

                                AND

                                THE STATE OF MADHYA PRADESH THR. P.S.
                                CITY KOTWALI DISTT. BURHANPUR (M.P.) P.S.
                                CITY KOTWALI DISTT. BURHANPUR (M.P.)
                                (MADHYA PRADESH)

                                                                                             .....RESPONDENTS
                                (BY SHRI ANSHUL MISHRA, PL FOR STATE )
                                               (Heard through Video Conferencing)
                             T h is bail application coming on for hearing this day, the court

                      passed the following:
                                                                ORDER

Applicant/Deepak Talreja has filed this second bail application under Section 439 of CrPC in connection with Crime No.809/2021 under Sections 420 of IPC, section 63 of Copy Right Act, section 103, 104 of Trademarks Act registered at police station City Kotwali, District Burhanpur (M.P) and applicant is in custody since 01/12/2021. Earlier bail application (M.Cr.C No. 60930/2021) was dismissed as withdrawn with liberty to revive the prayer after investigation is complete and charge sheet has been filed vide order dated 22/12/2021.

Learned counsel for the applicant submits that now investigation is complete and charge sheet is filed. Present applicant has been made accused on the basis of memorandum of co-accused Kamal Kumar Vadhwani. It is submitted that none of the ingredients of Copy Right Act will be made out against the applicant. Reliance is placed on judgment passed in case of Kasim Ali Vs. State of M.P, ILR 2016 MP 2624 to point out that as per section 115(4) of the Trade Mark

Signature Not Act, investigation can be initiated on account of complaint of the police officer not below the SAN Verified

Digitally signed by TARUN KUMAR SALUNKE Date: 2022.02.05 11:34:50 IST

rank of Deputy Superintendent of Police and no cognizance could have been taken by the Court for offence under section 103, 104 of the Trade Mark Act. Applicant is in custody since 01/12/2021. Trial will take time to conclude. On aforesaid grounds prayer is made to enlarge present applicant on bail.

Learned Panel Lawyer for the State opposes the prayer made by learned counsel for the applicant and submits that there is criminal history of three cases registered against the applicant.

Seizure has been made from him at Nagpur but since seizure memo is in marathi, it is not readable.

Taking into consideration submission of learned counsel for the parties and changed circumstance that investigation is complete, charge sheet has been filed, applicant is in custody since 01/12/2021 and further custodial interrogation of present applicant is not required in this case. Hence without commenting anything on merits of the case, this bail application is allowed. It is directed that applicant Deepak Talreja be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- with two local solvent sureties in the like amount to the satisfaction of the learned Trial Court. It is further directed that the applicants shall comply with the provisions of Section 437(3) of the Cr.P.C.

In view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

In above term, this bail application is disposed of.

Certified copy as per rules

(VIVEK AGARWAL) JUDGE tarun