Allahabad High Court: In a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking relief in connection with offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023, as well as Sections 26(1), 26(2), 26(4) and 59(1) of the Food Safety and Standards Act, 2006, the Single Judge Bench of Ashutosh Srivastava, J granted bail to the accused.
The accused contended that he was innocent and had been falsely implicated in the present case pertaining to adulterated dairy products. He had been in judicial custody since 05-12-2024. It was submitted on his behalf that he did not directly engage in the manufacture of the alleged dairy products but had merely procured them from the market. Furthermore, it was argued that the maximum punishment prescribed under the relevant provisions was six months, whereas the accused had already undergone incarceration for a period exceeding five months. The accused had no prior criminal record, and there was no likelihood of his absconding or tampering with the evidence, in the event he was released on bail. In light of these submissions, a prayer for grant of bail was made.
Considering the totality of facts and circumstances, the Court observed that, taking into account the nature of accusations, the severity of punishment in the event of conviction, the nature of supporting evidence, the absence of any reasonable apprehension of tampering with witnesses, and the existence of a prima facie case, but without commenting on the merits of the matter, a case for grant of bail was made out. Accordingly, the bail application was allowed.
The Court directed that the accused to be released on bail upon his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
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The accused shall not tamper with the evidence;
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The accused shall not indulge in any criminal activity;
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The accused shall not pressurize or intimidate the prosecution witnesses and shall cooperate in the trial; and
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The accused shall appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
[Firoz Khan v. State of U.P, Criminal Misc. Bail Application No. 8248 of 2025, decided on 09-04-2025]
Advocates who appeared in this case:
Counsel for Accused: – Ankur Azad, Areeb Uddin Ahmad
Counsel for Opposite Party:– G.A.
