Allahabad High Court
Havaldar And Another vs State Of U.P. on 4 February, 2010
Author: Arvind Kumar Tripathi
Bench: Arvind Kumar Tripathi
Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15392 of 2009 Petitioner :- Havaldar And Another Respondent :- State Of U.P. Petitioner Counsel :- Ravesh Kumar Singh,S.K. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
Learned counsel for the applicants submitted that on the basis of false allegations the first information report was lodged and that the applicant and co-accused were found preparing adulterated milk. He further contended that according to chemical examination report only there was deficiency of 60% of fat and there was no adulteration of any injurious item. However, the applicants are in jail since 19.12.2008.
Learned AGA opposed the aforesaid prayer on the that ground when the raid was conducted 20 k.g. white powder, refined oil, colour and other contents were found by which the milk was being prepared, which was injurious to health. He further contended that as per report of the chemical examination the sample also contained foreign fat which was adulterated. They were preparing synthetic milk.
In view of the aforesaid fact at this stage, I am not inclined to grant bail in case crime no.401of 2008, under Sections 272,273,420 IPC and 7/16 Prevention of Food Adulteration Act, P.S. Sidhpura, district Kanshi Ram Nagar.
The present bail application is hereby rejected. However, it is expected that the trial Court will conclude the trial as expeditiously as possible without unnecessary adjournment and without unreasonable delay.
Order Date :- 4.2.2010 piyush