Vivek Anand Kumar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner has prayed for anticipatory bail in this instant petition arising out of FIR No. 9 of 2022, dated 08.01.2022, registered under Sections 420 and 120B of the Indian Penal Code and Sections 103 and 104 of the Trade Mark Act, 1999, at Police Station, Parwanoo, District Solan.

Ad-interim bail was granted to the petitioner vide order dated 08.02.2022, subject to the conditions stipulated in the said order.

The prosecution case in nut shell is that on 8. 01.2022, a complaint was lodged at the police station with the allegations that one Shri Deepak Jain had been selling duplicate ‘Ghee’ under the brand name of Patanjali in his factory called ‘Gautam Industry’. A raiding party was constituted, which searched the premises of Gautam Factory in presence of said Shri Deepak Jain. During search, 24 packets of duplicate Ghee under the brand name of Patanjali were recovered. Deepak Jain was arrested on 09.01.2022. During investigation, he statedly revealed that he was being provided duplicate Ghee by one Arvind Kumar. He further stated that he was selling this duplicate Ghee to one BSTL company in Delhi.

The person named by Deepak Kumar i.e. Arvind Kumar was also arrested on 10.01.2022. During investigaton, he statedly admitted supplying duplicate Ghee to Deepak Jain. He further stated that he acted as a middle man between the bail petitioner and co-accused Deepak Jain. That Deepak Jain had purchased duplicate Ghee from co-accused Arvind Kumar through the bail petitioner. It is in the aforesaid background that the petitioner apprehending his arrest in the instant FIR, after having been named by co-accused Arvind Kumar, had moved the instant petition.

Learned counsel for the petitioner argued that petitioner never sold any Ghee of Patanjali Ayurvedic Limited either to Deepak Jain or Gautam Industry or Arvind Kumar. That the petitioner never acted as middle man for supply of cow Ghee of Patanjali brand. The petitioner does not even own or drive any ‘tempo’ as is alleged by the prosecution. That name of the petitioner does not even figure in the FIR and it was only during interrogation of co-accused Arvind Kumar that petitioner’s name was falsely implicated with the offences alleged in the FIR. That co-accused Deepak Jain and Arvind Kumar have already been enlarged on bail by the learned trial Court vide separate orders dated 14.01.2022. The petitioner is innocent and has been falsely roped at the instance of co-accused persons.

Opposing the bail plea, learned Additional Advocate General submitted that the petitioner has been accused of being a middle man for supply of duplicate Ghee to co-accused Deepak Jain. In view of the allegations levelled against him, he does not deserve to be enlarged on bail. However, learned Additional Advocate General also admitted that the petitioner pursuant to the ad-interim protection, granted in his favour, joined the investigation and has been co-operating with the investigating agency.

I have heard learned counsel for the parties and gone through the record. It is a fact that a complaint was lodged against Deepak Jain, who was arrested on 09.01.2022. During investigation, he disclosed having procured the duplicate Ghee from another co-accused person Arvind Kumar. On the basis of investigation carried out from accused Deepak Jain, co-accused Arvind was also arrested on 10.01.2022. During investigation, Arvind Kumar statedly disclosed that the petitioner had acted as a middle man for procuring duplicate Ghee at his instance for accused Deepak Jain in lieu of commission. Pursuant to the interim protection granted in favour of the petitioner vide order dated 08.02.2022, the petitioner has joined the investigation and has been co-operating with the investigating agency. The main accused persons Deepak Jain and Arvind Kumar have been granted bail by the learned trial Court vide separate orders dated 14.01.2022. Status report does not indicate any criminal record of the petitioner. Considering the mode and manner of commission of offence and nature of the offence alleged against the petitioner and also keeping in view the fact that the petitioner is co-operating with the investigating agency, in my considered view, the petitioner has made out a case for confirmation of ad-interim order. Accordingly, order dated 08.02.2022 is made absolute subject to following conditions:

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner shall not contact the complainant or his family members in any manner whatsoever.

(iv) Petitioner will not leave India without prior permission of the Court.

(v) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(vi) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vii) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy Dasti.