Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21016 of 2010 Petitioner :- Amit Kumar Respondent :- State Of U.P. Petitioner Counsel :- D.P.Singh Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard, the learned counsel for the applicant, the learned AGA for the
State and perused the record.
The present bail application has been moved by the applicant Amit
Kumar in case crime no.125 of 2010, under Sections 272, 273 IPC read
with Section 7/16 Prevention of Food Adulteration Act, P.S. Khaga,
District Fatehpur, with a prayer that he may be admitted to bail.
The FIR has been lodged on the basis of chemical analysis report that
the recovered food item was found to be adulterated which is in violation
of Section 272, 273 IPC.
It is contended by the learned counsel for the applicant that, the
applicant is absolutely innocent person and he was not at all involved in
any such activities, he is a student. He has no criminal antecedent, in
case he is enlarged on bail, he will not misuse the liberty of bail. The
applicant is in jail since 24.5.2010.
On the other hand, the learned AGA contends that after receipt of the
chemical analysis report, the recovered pulses were found to be
adulterated with khesari, thereafter the FIR was registered against the
applicant. In case, the applicant is enlarged on bail, he will misuse the
liberty of bail.
In view of the aforesaid facts and circumstances, without expressing any
opinion about the merits of the case, let the applicant, Amit Kumar
involved in case crime no.125 of 2010, under Sections 272, 273 IPC
read with Section 7/16 Prevention of Food Adulteration Act, P.S. Khaga,
District Fatehpur, be enlarged on bail, on his executing a personal bond
and furnishing two heavy sureties each in the like amount to the
satisfaction of the court concerned, with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In defiance of the above conditions, the prosecution would be at liberty to
move application for cancellation of bail.
Order Date :- 12.8.2010
Mustaqeem.