Neutral Citation No. - 2025:AHC:74815 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 13881 of 2025 Applicant :- Vipin Soni Alias Vipendra Kumar Sarraf Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hariom Tiwari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with the prayer to quash the entire proceeding of Case no. 42299 of 2024 (Vipin Soni alias Vipendra Kumar Sarraf vs. State of U.P. and another) arising out of Case Crime no. 65 of 2023, under sections 420, 468, 471, 272, 273 IPC and under Section 59 Food Safety and Standards Act, 2006, PS- Rath, District- Hamirpur, in charge sheet no. 326A of 2023, dated 02.11.2023 against the applicant as well as cognizance/summoning order dated 23.10.2024 issuing summon to the applicant and other co-accused persons, to face the trial by learned Additional Chief Judicial Magistrate, Hamirpur. 3. It is submitted by learned counsel for applicant that opposite party no. 2/Vinod Kumar, Station House Officer, PS- Muskara, District Hamirpur has lodged the FIR dated 22.02.2023 as Case Crime no. 65 of 2023 under sections 420, 468, 471, 272, 273 IPC and under Section 59 of Food Safety and Standards Act, 2006 against one Laxman Rajpoot and 6 other including applicant, alleging that on dated 22.02.2023, when the police authorities raided a Factory, counterfeit Gutaka was found in the premises. After conclusion of investigation, charge sheet has been submitted against the applicant, whereupon cognizance has been taken up by learned court concerned vide order dated 23.10.2024 which has been challenged through the instant application. 4. It is contended by learned counsel for the applicant that just to harass the applicant and annoyed with a civil suit for recovery/declaration against amount of Rs. 5,70,000/- from Laxman Rajpoot and Sandeep Srivastava respectively, they malafidely and with bad intention have told the name of applicant to the police personnel's only then the FIR was registered. Neither applicant was arrested by the police personnels on the spot nor any recovery from possession of applicant has been made. 5. It is further submitted regarding veracity and genuineness of the proceedings which has been initiated at the behest of institution of FIR that, the same has already been put under challenge before this Court by way of filing Crl. Misc. Writ Petition no. 11024 of 2023 but the direction has been issued by Division Bench of this Court for seeking anticipatory bail whereupon anticipatory bail has been granted in favour of applicant but after preferring charge sheet and taking cognizance of offence, applicant will be entitled for seeking regular bail. 6. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 7. After hearing the rival submissions extended by learned counsels for the parties and perusing the records this Court finds that entire arguments whatsoever has been raised by learned counsel for applicant is subject to ambit under the trial itself and as such no interference is required. However, applicant is permitted to prefer regular bail within three weeks from today and till three weeks from today, no coercive action shall be initiated against the applicant. 8. With the aforesaid directions, the instant application stands disposed of accordingly. Order Date :- 7.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad