[2026:RJ-JP:20282] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5405/2026 Narendra Khandelwal S/o Shri Radheyshyam Khandelwal, Aged About 34 Years, R/o Mandi Road, Near Durga Mandir, Police Station Kotwali Dausa, District Dausa, Rajasthan. (Presently Petitioner Is In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Amitabh Vijaywargia For Respondent(s) : Mr. Vivek Chaudhary, PP Mr. Mayank Gupta HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 13/05/2026 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 148/2026 registered at Police Station Chaksu, District Jaipur City (South) for the offences under Sections 318(4), 274, 275, 61(2) of BNS and Sections 51(a) (i), 63 of Copyright Act and Sections 102 and 103 of Trade Mark Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that the material containing the alleged Sona Sikka oil was recovered from a pick-up vehicle bearing registration No. RJ- 29-GA-7109. The driver of the said vehicle disclosed the name of Kanu Sharma along with his mobile number and further stated [2026:RJ-JP:20282] (2 of 4) [CRLMB-5405/2026] that the entire consignment had been loaded by him. It is further contended that the co-accused Rajendra, who was driving the vehicle, led the Investigating Officer to a place from where four empty containers bearing the logo of Sona Sikka oil were recovered. It is argued that no substantive evidence is available on record to establish that the petitioner was involved in the manufacturing of counterfeit oil. It is further submitted that no material related to palm oil or manufacturing machines etc. was recovered from the premises from where the containers bearing the Sona Sikka brand logo were found. Learned counsel for the petitioner has also vehemently argued that in S.B. Criminal Misc. Petition No. 1945/2024 Ravi Vs. State of Rajasthan decided on 19.11.2025 a Coordinate Bench of this Court while relying upon the judgment in Ram Nath Vs. The State of Uttar Pradesh & Ors. (Criminal Appeal No. 472/2012), held that offences under Sections 272 and 273 IPC are not made out in view of the specific provisions contained in the Food Safety and Standards Act, 2006, which override the provisions of Sections 272 and 273 IPC. It is contended that the Coordinate Bench quashed the proceedings against the petitioner Ravi, who had been prosecuted under Sections 272, 273 and 420 IPC read with Sections 26(2)(i) and 59(i) of the Food Safety and Standards Act, 2006. It is further more argued that accused-petitioner is in custody since 27.0.2026 and the trial/investigation of the case may take considerable time, there are no criminal antecedents against the accused-petitioner. The offences alleged to have been committed by the accused- petitioner are triable by Magistrate, therefore, the bail application of the accused-petitioner may be allowed. [2026:RJ-JP:20282] (3 of 4) [CRLMB-5405/2026] 3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant argued that the judgment in Ravi Vs. State of Uttar Pradesh (supra) is not applicable to the facts of the present case, as the allegations against the petitioner pertain to the sale of counterfeit and adulterated oil bearing the logo of the Sona Sikka brand. It is further contended that the petitioner was found to be the owner of the vehicle from which 200 containers containing oil branded as Sona Sikka were recovered. It is submitted that, at the instance of the co-accused Rajendra, who was allegedly driving the said vehicle, the Investigating Officer was taken to premises belonging to the petitioner, from where four empty containers bearing the logo of the Sona Sikka brand were recovered. It is argued that the petitioner has cheated the public at large by misrepresenting it as Sona Sikka brand by affixing a false logo, therefore, the bail application of the accused-petitioner deserve dismissal. 4. Heard and perused the material available on record. 5. Considering the fact that the offences alleged against the accused-petitioner are exclusively triable by Magistrate, the accused-petitioner is in custody since long and the trial/investigation of the case may take considerable time, there are no criminal antecedents against the accused-petitioner, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Narendra Khandelwal S/o Shri Radheyshyam Khandelwal, in [2026:RJ-JP:20282] (4 of 4) [CRLMB-5405/2026] connection with FIR No. 148/2026 registered at Police Station Chaksu, 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 and as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /60