Shankar Lal vs State of Haryana

Gurdev Singh, J.—Heard.

The petitioner, Shankar Lal son of Rawat Mal Mahajan, has filed this petition u/s 439 of the Criminal Procedure Code, for grant of regular bail in FIR No. 7 dated 8.1.2010 registered at Police Station City Charkhi Dadri, under Sections 420, 272 and 273 IPC and Sections 52A, 63 and 68A of the Copy Right Act, 1957 and the Trade Marks Act, 1999. This FIR was registered against the petitioner after a raid was conducted at his house and adulterated ghee was recovered alongwith the labels of ''Anmol Brand Ghee'' and empty containers of desee ghee. The samples were taken from the spurious ghee, so recovered from the spot, and were sent to the Chemical Examiner, who found the same to be adulterated. The FIR was registered under above said Sections.

At the time of arguments, it was fairly conceded by the learned State counsel that no offence under Sections 52A, 63 and 68A of the Copy Right. Act, 1957 is made out against the petitioner.

According, to the learned counsel for the petitioner, no offence u/s 420 IPC is made out from the contents of the FIR or from the evidence which has been collected during investigation and all other offences are bailable.

It is neither in the FIR nor evidence has been collected by the investigating agency that the petitioner exercised deception on any person and by deceiving such a person dishonestly induced him to deliver any such property to him. There are no reasonable grounds for believing that the petitioner committed the offence u/s 420 IPC. All other offences are bailable. Accordingly, this petition is accepted and the petitioner is ordered to be released on bail to the satisfaction of Illaqa Magistrate/Duty Magistrate, Charki Dadri.