HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27461 of 2025 Court No. - 87 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.384 of 2025, under Sections 274, 275, 280 B.N.S. and 59, 63 of Food Safety and Standards Act, 2006, Police Station Pipraich, District- Gorakhpur, during pendency of trial. 3. Learned counsel for the applicant has submitted that the applicant is not named in the first information report. He has been falsely implicated in this case due to ulterior motive. It has been stated in the first information report that co-accused Khalid and other accused persons used to adulterate food stuff with Palmolein oil, poster colour, gulabjal etc. The applicant has no criminal history to his credit and is languishing in jail since 27.05.2025. It is submitted that co-accused Mohd Shakeel has already been enlarged on bail by this Court vide order dated 2.9.2025 in Criminal Misc. Bail Application No.26378 of 2025. It is further submitted that since the charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant and submitted that FSL report has not been received as yet. Versus Counsel for Applicant(s) : Ashish Goyal Counsel for Opposite Party(s) : G.A. Mohd. Wahid .....Applicant(s) State of U.P. .....Opposite Party(s) Charge-sheet has already been filed in this case. It is further contended that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 5. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 6. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant Mohd. Wahid involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court BAIL No. 27461 of 2025 2 shall initiate proceedings against him in accordance with law under Section 174-A I.P.C./209. B.N.S. (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 4, 2025 RA BAIL No. 27461 of 2025 3 (Santosh Rai,J.) Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad