Facts of the Case

Hariom Gupta and Ramkumar Sharma filed an application for anticipatory bail before the Allahabad High Court in connection with Case Crime No. 16 of 2020, registered at Police Station Shamshabad, District Agra, under Sections 63 and 65 of the Copyright Act, 1957.

The prosecution's case was that 38 allegedly pirated spark plugs, bearing marks belonging to a complainant company's registered copyright, were recovered from the applicants' shop.

The applicants contended that they had purchased the items from a dealer and were selling them after paying GST due on the purchase — a fact cited in their defence to suggest the transaction was a bona fide, legitimate trade rather than knowing dealing in pirated goods — that they had no criminal antecedents, that the recovery quantity was not large, and that investigation was complete with a charge sheet already filed.

The application was heard and decided by a Single Judge on 05.09.2022.

Issues Involved

  1. Whether the applicants were entitled to anticipatory bail under Section 438 CrPC, having regard to the nature of the accusation, their antecedents, and the material on record.

Petitioner's Arguments

  • The applicants argued that they were innocent, had no criminal antecedents, had purchased the goods from a dealer and paid GST on the purchase, that the recovery was not large, that investigation was already complete with a charge sheet filed, and that they were prepared to cooperate with the trial and abide by all bail conditions.

Respondent's Arguments

  • The learned Additional Government Advocate for the State opposed the grant of anticipatory bail, though the specific grounds of opposition are not elaborated in this brief order.

Court Order / Findings

  • Applying the principles laid down by the Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 — which require courts to consider the nature and gravity of the accusation, the accused's antecedents, the possibility of absconding, and the accused's specific role — the Court, without expressing any opinion on the merits of the case, held that a case for anticipatory bail was made out.
  • The anticipatory bail application was allowed. In the event of arrest, the applicants were directed to be released on a personal bond of Rs.50,000 each with two sureties of like amount, subject to standard conditions: not tampering with evidence, not pressurizing witnesses, appearing before the trial court as required, not committing similar offences, and not intimidating witnesses.
  • The Court made clear that breach of any condition would allow the trial court to cancel bail in accordance with law.

Important Clarification

This is a bail order and expressly does not adjudicate the merits of the copyright-piracy allegations, which will be tested at trial. The reference to GST is purely incidental to the applicants' defence narrative (that they had lawfully purchased and resold the goods after paying tax); it is not a GST ruling.

Sections Involved

  • Copyright Act, 1957 – Sections 63 and 65 (offences relating to infringement)
  • Code of Criminal Procedure, 1973 – Section 438 (anticipatory bail)

Decision – In Favour of

Anticipatory bail was granted in favour of the applicants, Hariom Gupta and Ramkumar Sharma, subject to standard conditions; this is procedural relief pending trial and not a finding of innocence or a resolution of the underlying piracy allegation.

Case Details

  • Court: High Court of Judicature at Allahabad
  • Case No.: Criminal Misc. Anticipatory Bail Application U/S 438 CrPC No. 8263 of 2022
  • Coram: Justice Raj Beer Singh
  • Order Date: 05.09.2022

Link to Download the Order

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