Allahabad High Court
Sachin Mittal And Another vs State Of U.P. on 25 July, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:123420 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17949 of 2025 Applicant :- Sachin Mittal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Mishra Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 1243 of 2025, under Sections 26(2)(i), (iii), (v), 31(1), 59(iii), 63, 58 of the F.S.S.S. Act, 2006, Police Station Naini, District - Prayagraj, with the prayer to enlarge them on bail.
Learned counsel for the applicants submits that the accused applicants have surrendered before the Court on 8.5.2025 and since then they are in judicial custody in the said case. Their bail application has been rejected by Special Judge, N.D.P.S. Act, Court No. 8, Prayagraj.
As per prosecution, 210 quintal of restricted Khesari is said to have been recovered from the possession of the accused applicants. A sample tested by Food Analyst, Uttar Pradesh Lucknow, according to him, "the sample is of Khesari Sabut which is restricted in 2.2.1 of FSS (Prohibition and Restrictions on Sales) Regulation 2011 and not fit for human consumption. Hence the sample is unsafe."
Learned counsel for the applicants submitted that applicants have falsely been implicated in the case. It is alleged that no public parade has been conducted. There is no allegation that any person suffered any loss or injury on consumption of said food material. Offence is under Section 59(iii) of the Food Safety and Standards Act, 2006, punishable for a term of six years and also with fine which may extend to five lakh rupees, but said offence is not made out in the present case and for offence under Section 59(i), punishable with imprisonment for a term of six months and also with fine which may extend to one lakh rupees. Applicant is in jail since 08.05.2025. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Learned AGA has opposed the prayer made in the bail application on the ground that huge material has been recovered from the possession of the accused applicants which was not fit for human consumption. However, he does not dispute the assertions made on behalf of the applicants.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and perusing the material brought on record and that the trial is also likely to take sufficiently long, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made herein above, will not affect the trial of the case.
Let the applicants-Sachin Mittal and Raja Bhaiya involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions, which are being imposed in the interest of justice:-
(i) The applicants will not tamper with prosecution evidence.
(ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 25.7.2025 Ranjeet Sahu