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Allahabad High Court · body

2010 DIGILAW 3202 (ALL)

Vikram Kumar Prajapati v. State Of U. P.

2010-10-19

ASHOK SRIVASTAVA

body2010
Hon'ble Ashok Srivastava,J. 1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record.? 2.This bail application has been moved on behalf of the applicant Vikram Kumar Prajapati, who is involved in Case Crime No. 1069 of 2010, under Sections 272 and 273 I.P.C., Police Station Kotwali, District Jaunpur. 3. The complainant of this case is Sri Kishun Chauhan, Food Inspector, Mungara Badshahpur, District Jaunpur. On 3.6.2010 he visited the ice cream factory of the applicant and took the sample of the manufactured. He sent the same to the Public Analyst and as per report of the Public Analyst, the sample was found to be adulterated. On the basis of this report, the complainant lodged an F.I.R. with the police of P.S. Kotwali, Jaunpur referring G.O. No. 817/88-10-55 Kha/10 dated 11.5.2010. He has quoted that he is lodging this F.I.R. keeping in view the aforesaid government order and the basis of the such F.I.R. is Public Analyst report. 4. Heard learned counsel for the applicant and learned A.G.A. It has been submitted by learned counsel for the applicant that the applicant is in jail since 8.9.2010; that the said government order has been quashed by a Division Bench of Lucknow Bench of this court on 8.9.2010 in Writ Petition No. 8254 (MB) of 2010. 5. The bail application has been opposed by the learned A.G.A. 6. From the perusal of the report of the Public Analyst it is evident that prima facie no offence under Sections 272 and 273 I.P.C. is made out. The sample was only adulterated which is punishable under various sections of Prevention of Food Adulteration Act. 7. Considering all the aspects of the case and without expressing any opinion as to the merits of the case, I am of the opinion that the applicant should be released on bail. 8. Let the applicant, Vikram Kumar Prajapati, involved in Case Crime No. 1069 of 2010, under Sections 272 and 273 I.P.C., Police Station Kotwali, District Jaunpur be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.