Allowed

Manoj Kumar @ Munshi S/O Ramlal v. State of Rajasthan

Rajasthan HC21 May 2020CRLMB/4692/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed four bail applications filed under Section 439 Cr.P.C. granting regular bail to accused petitioners involved in offences under IPC and intellectual property acts for FIR No. 53/2020, noting they had been in custody for over two months.

What did the court decide?

Release of accused petitioners on regular bail subject to trial court satisfaction.

Manoj Kumar @ Munshi S/O Ramlal Vs State of Rajasthan — Intellectual Property | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous IInd Bail Application No. 4692/2020

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Manoj Kumar @ Munshi S/o Ramlal, R/o Village Hathnoda, Tehsil Chomu District Jaipur

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(Presently Confined At Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP.

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous IInd Bail Application No. 4775/2020

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Ramesh Yadav S/o Surajmal, r/o Swamiyo Ki Dhani, PS Samode, Tehsil Chomu, District Jaipur (Presently At Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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S.B. Criminal Miscellaneous IInd Bail Application No.

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4861/2020

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Ramlal Jat S/o Shri Kishnaram, R/o Barda Ki Dhani, Village Samarpura, Police Station Samod, Tehsil Chomu, District Jaipur (At Present Confined At Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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S.B. Criminal Miscellaneous IInd Bail Application No. 4862/2020

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Sachin Kumar Sharma S/o Shivkumar, R/o New Colony, Bus Stand Ke Pas, Morija, Police Station Samod, District Jaipur (At Present Petitioner Lodged In Central Jail Jaipur)

----Petitioner

(2 of 3)

[CRLMB-4692/2020]

Versus

State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Dinesh Choudhary Mr. Nikhil Saini Mr. Sehban Naqvi Mr. Nawal Singh Sikarwar (through video conferencing) For Respondent(s) : Mr. Mangal Singh Saini

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HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

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Order

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21/05/2020

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These Criminal Misc. Second Bail Applications have been brought under Section 439 of Cr.P.C. seeking regular bail in connection with F.I.R. No. 53/2020 registered with Police Station Samod District Jaipur Rural, for the offence/s punishable under Section/s 420, 272, 273 of IPC read with 102, 103, 104, 108 of Trade Mark Act and 63, 64 of Copyright Act.

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Heard learned counsel for the accused petitioners through video conferencing and perused the record. It has been contended that the first bail applications were rejected on 28.04.2020 as the investigation was under progress, hence while rejecting the bail applications this court granted liberty to accused-petitioners to file fresh bail applications after filing of charge-sheet. Now the charge-sheet has been filed under Section 420, 272, 273 of IPC read with 102, 103, 104, 108 of Trade Mark Act and 63, 64 of Copyright Act. The offence is triable by Magistrate Court. Offences under Sections Trade Mark Act and the Copyright Act are bailable while charge under Section 420 of IPC

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(3 of 3)

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[CRLMB-4692/2020]

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is not made out. Trial of the case will take time. They are in custody for last 2½ months. There are no previous cases pending against them, hence request was made to grant benefit of bail to the accused-petitioners.

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Learned Public Prosecutor has opposed the bail applications.

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On consideration of arguments/submissions of both the parties, perusal of material on record and looking to the facts and circumstances of the case, but without commenting upon detailed merits of the case, this court deems it just and expedient to enlarge the accused petitioners on bail.

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Therefore, the bail applications are allowed. Accused petitioners Manoj Kumar @ Munshi S/o Ramlal, Ramesh Yadav S/o Surajmal, Ramlal Jat S/o Shri Kishnaram, Sachin Kumar Sharma S/o Shivkumar, be released on bail in F.I.R. No. 53/2020 registered with Police Station Samod District Jaipur Rural, if they are not wanted in any other case, subject to the satisfaction of learned trial court.

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(MANOJ KUMAR VYAS),J

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.priyanka/db/17-20

Manoj Kumar @ Munshi S/O Ramlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Manoj Kumar @ Munshi S/O Ramlal v. State of Rajasthan

Case brief

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What did the court decide?

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