Raza Chaudhary vs State Of Uttarakhand

Ravindra Maithani, J

Applicant Raza Chaudhary is in judicial custody in FIR No.222 of 2022, under Sections 420, 272, 273, 482, 483, 120-B IPC and Sections 63 and 65 of the Copyright Act, 1957, Police Station Kunda, District-Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 30.08.2022, when a premises was raided, chewing tobacco, jarda, wrappers, gutka masala, etc. were recovered. The persons apprehended at the spot had revealed that it is the applicant, who is the owner of the premises.

Learned counsel for the applicant would submit that no case is made out; there is no infringement of any copyright; there have been no reports, which could reveal that, in fact, the articles were spurious, contraband or adulterated.

The Court wanted to know from learned State Counsel as to how copyright is infringed and how recovered articles could be said to be adulterated, spurious or contraband?

Learned State Counsel has no reply. He would submit that the applicant did not have any licence for making gutka.

Having considered, this Court is of the view that it is a case fit for bail and the applicant deserves to be enlarged on bail.

The bail application is allowed.

Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the court concerned.