Dinesh Kumar v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr.No.232 CRM-M No.403 of 2022 Date of Decision: 13.01.2022 Dinesh Kumar

...Petitioner

Versus

State of Haryana

...Respondent

(Heard through Video-Conferencing) CORAM: HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Gaurav Mohunta, Advocate, for the petitioner.

* * * * MEENAKSHI I. MEHTA, J.

(ORAL) By way of this petition, the petitioner seeks the relief of regular bail in the criminal case arising out of the FIR bearing No.253 dated 09.09.2021 registered at Police Station Civil Lines, Jind, under Section 420 IPC and Section 63 of the Copyright Act, with the allegation that he had infringed the copyright of the Procter & Gamble Company by manufacturing the detergent powder with the brand name 'TIED'. Mr. Saurabh Girdhar, learned Assistant Advocate General, Haryana, has joined the proceedings in pursuance of the notice of the present petition having been sent to the respondent-State in advance. I have heard learned counsel for the petitioner as well as learned State counsel in the instant petition and have also perused the file thoroughly.

Learned counsel for the petitioner contends that the petitioner NEETU RANI 2022.01.13 17:44 I attest to the accuracy of this order PHHC

CRM-M No.403 of 2022 -2- .....

was not present at the spot at the time of the alleged recovery and rather, he has been nominated as an accused in the present case on the basis of the disclosure statement, as allegedly suffered by his co-accused and he is behind the bars since 09.12.2021 and is also not involved in any other criminal case of the similar nature and moreover, the Challan has already been presented in the Court and in these circumstances, the petitioner deserves the relief as prayed for in this petition. Learned State counsel does not dispute the above-referred factual position.

Keeping in view the afore-discussed facts and circumstances as well as the fact that the trial of the case is likely to take sufficient time to conclude and without commenting or expressing any opinion on the merits of the case, the petitioner named Dinesh Kumar is ordered to be released on regular bail subject to his furnishing the requisite personal and surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.

The petition in hand stands allowed accordingly. (MEENAKSHI I. MEHTA) 13.01.2022 JUDGE neetu Whether speaking/reasoned Yes Whether Reportable No NEETU RANI 2022.01.13 17:44 I attest to the accuracy of this order PHHC