Harish vs The State Of Madhya Pradesh
2022 Latest Caselaw 8009 MP

1                  MISC. CRIMINAL CASE No. 27455 of 2022


IN THE HIGH COURT OF MADHYA PRADESH
                            AT INDORE
                             BEFORE
                HON'BLE SHRI JUSTICE ANIL VERMA

                      ON THE 17th OF JUNE, 2022


                 MISC. CRIMINAL CASE No. 27455 of 2022

    Between:-
    HARISH S/O LT. SHRI BACCHARAM RAM SINGHAN , AGED
    ABOUT 49 YEARS, OCCUPATION: BUSINESS 93-94, JAANKI
    NAGAR (MADHYA PRADESH)
                                                   .....PETITIONER
    (BY Ms. MEGHA JAIN, ADVOCATE)

    AND

    THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
    THROUGH POLICE STATION CHHOTI GWALTOLI (MADHYA
    PRADESH)
                                                .....RESPONDENTS
    (BY SHRI RAHUL SOLANKI, PL. )


        This application coming on this day for orders the court
passed the following:
                               ORDER

This is the first anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in connection with Crime No. 23/2022 2 MISC. CRIMINAL CASE No. 27455 of 2022

registered at P.S. - Chhoti Gwaltoli District Indore (M.P.) for commission of offence punishable under Section 63 of Copy Right Act and Section 420 of IPC.

As per the prosecution story, FIR was lodged on the basis of written complaint dated 18.1.2022 made by some Rewanath Kekan son of Vishnu who is working in Speed Network Company on the post of Operation Head which does work of protection of Brand of Hyundai of its associated company i.e. Mobile India Ltd under Copy Right alleging that on New Prince and S.M. Automobiles shops the present applicant and other co-accused persons were selling duplicate spare part of Hyundai Brand by showing it to be original. Accordingly a case has been registered against the applicant.

Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Prima facie no offence under section 420 of IPC and Section 63 of Copy Right Act is made out against the applicant. The present applicant is not involved in any of means of transaction of said complaint. He has no criminal background. Entire evidence is a documentary evidence in nature, therefore, there is no possibility of the applicant for tampering with the evidence. The applicant is sole butter earner of his family and permanent resident of District Indore. In support of his submission he has placed reliance upon judgment of the Hon'ble Supreme court in the matter of Siddharam Satlingappa 3 MISC. CRIMINAL CASE No. 27455 of 2022

Mhetre Vs. State of Maharashtra reported in (2011) 1 SCC 694. Hence, he prays that applicant be released on anticipatory bail.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.

Perused the case diary as well as the impugned order of the court below.

Considering all the facts and circumstances of the case, nature and gravity of allegation as also taking note of the fact that some duplicate spare parts of Hyundia Branch was seized from possession of present applicant and on the basis of prima facie evidence available on record, at this stage, present applicant does not deserve for grant of bail.

This first anticipatory bail application filed by applicant under Section 438 of Cr.P.C. is accordingly dismissed.

C.C. as per rules.

(ANIL VERMA) JUDGE BDJ

Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2022.06.18 14:45:00 +05'30'