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2025 DAILYLAW 10743 (RAJ)

MANISH KUMAR GUPTA S/O SHRI MADAN BIHARI GUPTA v. THE STATE OF RAJASTHAN

CRLMB/3584/2025 · 2025-03-12

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:11487] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3584/2025 Manish Kumar Gupta S/o Shri Madan Bihari Gupta, Aged About 35 Years, R/o Near Punjab National Bank, Agrawal Colony, Sapotra, Police Station, Sapotra, District Karauli, Presently Residing At A-3/4, Chinab Apartment, Police Station, Pratap Nagar, Jaipur. (Presently Confined In Central Jail, Jaipur) ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta Mr. Rahul Sharma For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 12/03/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 1107/2024 registered at Police Station Muhana, District Jaipur City (South) for the offence(s) under Sections 318(4) and 274 of BNS and Sections 102, 103 of the Trade Marks Act and Section 51(A) and 63 of the Copyrights Act. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is argued that offences alleged to have been committed by the petitioner are exclusively triable by Magistrate. The accused petitioner is in custody since 28.02.2025 and the Investigation/trial of the case may take considerable time. There are no criminal antecedents [2025:RJ-JP:11487] (2 of 2) [CRLMB-3584/2025] against the petitioner, therefore, the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor opposed the bail application and contended that from the petitioner’s possession huge quantity of adulterated and misbranded desi ghee was recovered, therefore considering the gravity of the offence, the bail application of the accused-petitioner deserves to be dismissed. Heard and perused the material available on the record. It is not desirable to express anything on the merits of the case, considering the fact that offences alleged to have been committed by the accused-petitioner are triable by Magistrate and there are no criminal antecedents against the petitioner. The accused-petitioner is in custody since 28.02.2025 and further Investigation/trial of the case may take considerable time, considering the above facts, I deem it just and proper to enlarge the accused-petitioner on bail. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Manish Kumar Gupta S/o Shri Madan Bihari Gupta, in connection with FIR No.1107/2024 registered at Police Station Muhana, District Jaipur City (South) shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /38