Mohammad Rafiq, J. - (1.) HEARD learned Counsel for Petitioners as well as learned Public Prosecutor and perused the material made available to me during the arguments of the case.
(2.) CONTENTION of learned Counsel for Petitioners is that Petitioners, who are real brother, are in fact running a retail shop, and that certain packets of 'deshi ghee' of different brands in small quantity, were found from their shop. It is not the allegation of prosecution that Petitioners were manufacturer of any such 'ghee' They were simply found having such 'ghee' in their retail shop for which Petitioners have already been in jail since 27.12.2010. There is only one previous criminal case registered against Petitioners in the year 2002 for offence under Sections 323 and 330 IPC. There is no other criminal case except that against them. Petitioners would undertake not to indulge in any such or other offence in future. Challan has already been filed. Trial of the case may take a long. Learned Public Prosecutor opposed the bail application.
(3.) AFTER considering all the facts and circumstances of the case and without expressing any opinion on its merits and demerits, I deem it just and proper to allow this bail application. It is therefore directed that accused -Petitioners, namely, (1) Manoj Kumar Son of Shri Khem Chand and (2) Ramu @ Ram Kumar Son of Shri Khem Chand (both Residents of Mahaveer Nagar Extension Yojna, Kota and presently confined in Central Jail, Kota) be released on bail under Section 439 Code of Criminal Procedure, in FIR No. 456/2010, Police Station Dadabari, Kota, for offence under Sections 420 and 272 IPC and Section 63 of Copy Right Act and Sections 103 and 104 of Trade Mark Act, provided each of them furnishes a personal bond in the sum of Rs. 50,000/ - with two sureties of Rs. 25000/ - each to the satisfaction of the trial court for their appearance on all subsequent dates of hearing and as and when called upon to do so.;