1. This application is preferred by the applicant apprehending his arrest in connection with the offence registered with the Kadi Police station being CR No. I92 of 2012 for offence punishable under section 272, 273 and 406 of the Indian Penal Code.

2. Learned advocate Mr. Kharadi appearing for the applicant has urged that the offence is said to have been committed on 22nd February 2012 and whereas the complaint is filed four months later and therefore the delay itself would entitle the applicant to be enlarged on bail. Moreover, he has pointed out from the report of the Laboratory Ghaziabad that there is nothing adverse except that sample is misbranded as the maximum punishment under the Food Safety and Standards Act, 2006 would be fine.

3. Learned Additional Public Prosecutor Mr. Maulik G. Nanavati does not dispute the submissions made by learned advocate.

4. Considering the nature of the allegations, role attributed to the applicant as also the report of the laboratory Gaziabad as also the overall circumstances, it would be appropriate to exercise discretion in favour of the applicant on the following terms and conditions :

5. In the result, this application is allowed by directing that in the event of the applicants herein being arrested pursuant to FIR being I.CR. No. 92/2012 registered before the Kadi police station, the applicants shall be released on bail on furnishing a bond of Rs.25,000/(Rupees fifty thousands only) with one surety of like amount on following conditions:

[a] shall cooperate with the investigation and make himself available for interrogation whenever required.

[b] shall remain present at Kadi Police Station on 20th July 2012 between 11:00 am to 2:00 pm and shall cooperate in the investigation as and when required by the Investigating officer

[c] shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any witness so as to dissuade them from disclosing such facts to the Court or to any Police Officer;

[d] shall at the time of execution of bond, furnish the address to the Investigating Officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;

[e] will not leave India without the permission of the Court and, if is holding a Passport, shall surrender the same before the trial Court immediately;

(g) despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicants. The applicants shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand.

This is, however, without prejudice to the right of the accused and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.

[h] If arrested, to furnish the present address of residence to the investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;

6. At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicants on bail. Rule is made absolute to the aforesaid extent. Direct service is permitted.