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2025 DAILYLAW 44984 (CHH)

PRAKASH KUMAR AHUJA v. STATE OF CHHATTISGARH

MCRCA/1542/2025 · 2025-10-08

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Judgment text

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1 2025:CGHC:50359 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1542 of 2025 1 - Prakash Kumar Ahuja S/o Late N.L. Ahuja Aged About 72 Years R/o 484 Ward No.38, Near Shindi Dharamsala, Hemunagar, P.S. Torwa, District : Bilaspur, Chhattisgarh 2 - Manoj Kumar Ahuja S/o Prakash Kumar Ahuja Aged About 47 Years R/o 484 Ward No.38, Near Shindi Dharamsala, Hemunagar, P.S. Torwa, District : Bilaspur, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Police Station In-charge, Police Station Sirgitti, Bilaspur (C.G.) ... Non-applicant For Applicants : Mr. Himanshu Pandey, Advocate. For Non-applicant/State : Dr. Sourabh K. Pande, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.10.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 484/2025 registered at Police Station – Sirgitti, District – Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(3), 340, 346, 111, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita (In short, BNS) and Section 63 of Copyright Act. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. The prosecution story, in brief, is that the complainant alleged that the applicants engaged in the manufacturing and sale of counter fit Tobacco products by imitating the packing of ‘Meghna’, further it has been alleged that they indulged in unlawful trade without registration. Hence, this application. 3. Learned counsel for the applicants submitted that the applicant No.2 has been arrested during the pendency of the present bail application. 4. In view of above submission given by learned counsel for the applicants, the present anticipatory bail application so far as it relates to the applicant No.2 - Manoj Kumar Ahuja, is dismissed as infructuous. 5. It has been argued by the learned counsel for the applicants that the applicant No.1 is innocent and has been falsely implicated in this case. It is submitted that the applicant No.1 is an old person aged about 72 years. Therefore, he prays for grant of anticipatory bail to the applicant No.1. 6. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case diary, it transpires that the applicant No.1 is engaged in the manufacturing and sale of counter fit Tobacco products by imitating the packing of ‘Meghna’, and they indulged in unlawful trade without registration. Therefore, the applicant No.1 is not entitled for grant of anticipatory bail in this case. 7. I have heard learned counsel for the parties and perused the materials available on record. 8. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant No.1, and further the fact that the applicant No.1 is an old person aged about 72 years, hence, this 3 Court is of the view that the applicant No.1 is entitled to be granted anticipatory bail in this case. 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 – Prakash Kumar Ahuja on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar