IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ORIGINAL JURISDICTION Dated: Nainital: the 2nd day of December, 2009 Urgency Application No. 3267/2009 Ist Bail Application No.1127 of 2009 Order on the Bail application of accused. CRIMINAL SIDE Sakul .…. Applicant (In jail) Versus State of Uttarakhand …… Opposite Party ___________________________________________________________________ Arising out of Case Crime No 74 of 2009, U/s 272 & 273 IPC P.S. Shyampur, District Haridwar. _______________________________________________________________ December 2, 2009 HON’BLE DHARAM VEER, J. Mr. K.S. Verma, Advocate for the accused applicant. Mr. Amit Bhatt, Addl. G.A. with Mr. M.A. Khan, Brief Holder for the State. In view of the grounds stated in the accompanying affidavit, urgency application is allowed. Heard on the bail application. Learned Counsel for accused applicant submitted that a joint recovery of 3 quintal and 15 kg of synthetic mava has been shown from the possession of the accused applicant Sakul and another accused Shiv Kumar on 13.10.2009. He argued that it is not clear from the averments made in the FIR and recovery memo that from whom the alleged recovery has been made. He further argued that even the report of the chemical analyst has not come till date. He further submitted that on the basis of the averments made in the recovery memo, the only offence which can be made out against the applicant is under Section 7/16 of The Prevention of Food Adulteration Act, 1954, which is a special Act for this purpose. He lastly submitted that there is no criminal history against the accused applicant, who is in jail since 13.10.2009 and trial is yet to begin. Even no report about the adulteration of the recovered mava has been filed till date. Having heard the submissions of learned Counsel for the parties; perusal of the contents of FIR and other papers available on record; considering the facts and circumstances of the case and without commenting upon the final merits of the case, the Court is of the view that the applicant deserves bail at this stage. Let the applicant Sakul be released on bail on his executing a personal bond and furnishing of two sureties each in the like amount to the satisfaction of CJM, Haridwar. Bail application is allowed accordingly. (Dharam Veer, J.) 02.12.2009 PRABODH 2