The complainant Rajkumar Bhatia filed a complaint in September 2023 alleging that accused persons were manufacturing and selling counterfeit "Bhatia Masale" products, infringing his trademark and copyright, leading to registration of FIR under Sections 420 IPC and 63 Copyright Act, later enhanced with Sections 120-B, 201 IPC and provisions of Trademarks Act.
Investigation revealed involvement of multiple accused who admitted to producing fake packaging. Chargesheet was filed in December 2022, initial regular bail granted, but on 02.09.2024 JMFC found prima facie case for additional serious offences including Sections 467, 468, 469, 470, 471, 473 IPC (punishable up to life imprisonment), cancelled earlier bail and directed committal to Sessions Court.
Accused obtained anticipatory bail from Additional Sessions Judge in September 2024 relying on Arnesh Kumar guidelines assuming offences punishable up to 7 years only. Complainant challenged these anticipatory bail orders; trial court later framed charges dropping Section 467 but High Court in revision restored it. The High Court found the anticipatory bail orders illegal as they ignored the enhanced serious offences punishable with life imprisonment and mechanically applied Arnesh Kumar guidelines, quashed the anticipatory bail orders and directed accused to apply for regular bail before trial court.
When serious offences punishable with imprisonment for life are made out (e.g., Sections 467, 468 etc. IPC), anticipatory bail cannot be granted merely by applying Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 guidelines which are limited to offences punishable up to 7 years imprisonment (Reference: Page 9-10 of judgment).
Grant of anticipatory bail ignoring prima facie addition of grave offences attracting life imprisonment renders the order illegal and liable to be quashed (Reference: Page 10 of judgment).
Addition of serious offences after grant of bail does not automatically cancel bail, but where bail was granted without considering such enhanced offences punishable beyond 7 years, the order suffers from illegality (Reference: Page 9-10, distinguishing Pradeep Ram v. State of Jharkhand (2019) 17 SCC 326).
Case Title: Rajkumar Bhatia Vs The State of Madhya Pradesh and Others:17th December, 2025: Criminal Case No. 43273 of 2025:2025:MPHC-GWL:33288:Madhya Pradesh HC: Hon'ble Shri Justice Rajesh Kumar Gupta
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
