Sanjai And Another vs State Of U.P.
2023 Latest Caselaw 21030 ALL

Citation : 2023 Latest Caselaw 21030 ALL
Judgement Date : 7 August, 2023

Allahabad High Court

Sanjai And Another vs State Of U.P. on 7 August, 2023

Bench: Pankaj Bhatia





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:158188
 
Court No. - 75
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25480 of 2023
 

 
Applicant :- Sanjai And Another
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Dharmendra Pratap Singh,Himanshu Dwivedi,Rahul Kumar Tiwari,Sanjay Kr. Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.

1. Heard learned counsel for the applicants, learned AGA and perused the record.

2. The accused-applicants seek bail in Case Crime No.342 of 2022 under section 272 IPC, P.S. Karari, District Kaushambi.

3. The FIR in question was lodged alleging that on the basis of search carried out by the police team, adulteration was found in the milk.

4. The contention of the counsel for the applicants is that in terms of the law laid down by the Hon'ble Supreme Court in the case of M/s Pepsico India Holdings (Pvt) Limited and another vs. State of U.P. and others vide judgment dated 08.09.2010 and the judgment of this Court in the case of Bankey Bihari Agarwal and another vs. State of U.P. and others; (2013) 5 ADJ 201, only a complaint can be filed.

5. Considering the fact that there is nothing on record to demonstrate that any report with regard to the alleged sampling has been obtained so far or not and the law laid down by this court in the case of Bankey Bihari Agarwal (supra), the applicant is entitled for the bail. Thus the bail application is allowed.

6. Let the applicants Sanjay and Anil Kumar be released on bail in aforesaid first information report number subject to their furnishing a personal bond and two reliable sureties of Rs.25000/- each with the following conditions:

(a) The applicants shall execute a bond to undertake to attend the hearings;

(b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and

(c) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 7.8.2023

VNP/-