Bail application dismissed. High Court refused bail due to gravity of food adulteration offense. Court directed trial court to conclude trial within one year and issued coercive orders for witness attendance.
Bail application dismissed; trial concluded within one year; coercive measures directed for witnesses.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57485 of 2022
Applicant :- Pramod @ Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav,Shri Ram Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 836 of 2022 at Police Station Shikohabad District Firozabad under Sections 420, 272, 467, 468, 471 IPC. The applicant is in jail since 23.10.2022.
The bail application of the applicant was rejected by learned trial court on 01.12.2022.
Adulterated sweetmeats were recovered from the applicant. The applicant was manufacturing the said sweetmeats. The applicant had produced a forged license for manufacturing the said products. The forensic science laboratory report confirms the adulteration. Adulterated food products are menace to the society these days. The offence is grave. There is likelihood that the applicant had committed the offence. At this stage, no case for bail is made out.
Without going into the merits of the case, the bail application is dismissed.
Considering the gravity of the offence, interest of justice will be served by directing the learned trial court
to expedite the trial within a stipulated period of time.
The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses and counsels are directed to cooperate with the trial proceedings.
The trial court has also to be conscious of the rights of the accused persons and is under obligation of law to ensure that all expeditious, necessary and coercive measures as per law are adopted to ensure the presence of witnesses. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are promptly executed to ensure
the presence of the witnesses on the appointed date before the trial court.
The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to comply with this order to the learned District Judge.
A copy of this order be communicated to the learned trial judge through the learned District Judge, Firozabad by the Registrar (Compliance) by FAX
Order Date :- 30.1.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant in a case involving manufacture of adulterated food with a forged license.
Pramod @ Rahul
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
