Court No. - 18 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31914 of 2009 Petitioner :- Lalit Agarwal Respondent :- State Of U.P. Petitioner Counsel :- Sunil Kumar Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
By means of present bail application, the applicant has prayed for releasing
the applicant on bail in case crime No.767 of 2009, under sections 272, 273,
420 I.P.C and Section 7/16 Prevention of Food Adulteration Act, 1954, Police
Station Kotwali Nagar, District Bulandshahar.
Heard learned counsel for the applicant, learned A.G.A and perused the
record.
As per prosecution case, the present applicant/accused is involved in a case of
preparing adulterated Ghee, for which it is submitted on behalf of accused/
applicant that accused/ applicant is simply an employee. The owner of the
premises and the the business is co-accused Rajoo. It is also submitted that
one of the co-accused named Basant Kumar has already been enlarged on bail
on 21.12.2009 passed by Hon. Shashi Kant Gupta, J in Crl. Misc. Bail
Application No. 33657 of 2009 and the case against applicant aforesaid rests
on the same footing.
Looking into the entire facts on record and particularly the fact that co-
accused Basant Kumar aforesaid has already been enlarged on bail by this
Court and the facts narrated in the counter affidavit in para 22 shows that the
preparation of Ghee sent for chemical examination was found adulterated,
finding no noxious nature of Ghee, therefore, I am of this view that accused/
applicant may be enlarged on bail in this case. Therefore, this bail application
is allowed.
Let applicant Lalit Agarwal be released on bail, in case crime No.767 of 2009,
under sections 272, 273, 420 I.P.C and Section 7/16 Prevention of Food
Adulteration Act, 1954, Police Station Kotwali Nagar, District Bulandshahar
on his furnishing a personal bond with two sureties each in the like amount to
the satisfaction of the court concerned subject to following conditions.
1. that such person shall attend in accordance with the conditions of the bond
executed.
2. that such person shall not commit an offence similar to the offence
of which he is accused, or suspected, of the commission of which he is
suspected, and
3. that such person shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts
of the case so as to dissuade him from disclosing such facts to the
Court or to any police officer or tamper with the evidence
Order Date :- 2.2.2010
G.S