Allahabad High Court
BHEEMA RAMversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Bheema Ram, who was arrested in connection with a case involving the alleged possession of 4,032 bottles of illegal foreign liquor and charged under several provisions of the B.N.S. and the Excise Act. The applicant claimed innocence and argued that his role was indistinguishable from that of co‑accused Yogesh Kumar, who had already been granted bail. The State opposed the bail, emphasizing the seriousness of the offences and the applicant’s continued detention since October 2025. After reviewing the charge sheet and the facts, the judge found the case suitable for bail without expressing an opinion on the merits. Accordingly, bail was granted on a personal bond of Rs 50,000 with two sureties and a set of conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the offences.
- Whether the applicant's alleged role is distinguishable from that of the co‑accused who was previously granted bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Excise Act — s. 60, 63
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Excise Act
- illegal liquor
- co‑accused
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 2635 of 2026
Bheema Ram
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shams Tabrez Alam Ansari
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Shams Tabrez Alam Ansari, learned counsel for the
applicant, and Shri S.D. Shukla, learned AGA for the State-respondents
and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a
prayer to release him on bail in Case Crime No.317 of 2025, under
Sections 318(4),338,336(3), 340(2), 61(2) of B.N.S. and Sections 60, 63
of Excise Act, registered at Police Station Kandhrapur, District
Azamgarh, during pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that co-accused Yogesh Kumar has
already been granted bail by this Court vide order dated 03.04.2026
passed in Criminal Misc. Bail Application No.1785 of 2026. It is further
submitted that the role of the applicant is not distinguishable from the role
of the co-accused Yogesh Kumar. It is further submitted that as per first
information report, the applicant and co-accused were found sitting in the
vehicle, in which, some illegal foreign brand liquor amounting to the tune
of 4032 bottles are said to have been recovered. It is further submitted that
the applicant is languishing in jail since 14.10.2025, undertakes that he
will not misuse the liberty, if granted. It has also been pointed out that in
the wake of heavy pendency of cases in the Court, there is no likelihood
of any early conclusion of trial.
BAIL No. 2635 of 2026
2
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
5. Charge sheet in this case has already been submitted. Co-accused
Yogesh Kumar has already been granted bail by this Court vide order
dated 03.04.2026 passed in Criminal Misc. Bail Application No.1785 of
2026. It is further submitted that the role of the applicant is not
distinguishable from the role of the co-accused Yogesh Kumar. As per
first information report, the applicant and co-accused were found sitting
in the vehicle, in which, some illegal foreign brand liquor amounting to
the tune of 4032 bottles are said to have been recovered. It is further
submitted that the applicant is languishing in jail since 14.10.2025.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
allowed.
7. Let the applicant- Bheema Ram involved in the aforesaid case crime
shall be released on bail on his furnishing a personal bond of Rs. 50,000/-
with two sureties each in the like amount to the satisfaction of the Court
concerned :-
(i) The applicant shall not directly or indirectly make any inducement,
threat, or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the court or to any police
officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) 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 351 of B.N.S.S.
(iv) 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 the trial court.
BAIL No. 2635 of 2026
3
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as
an expression on the merits of the case. The trial court shall be absolutely
free to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
May 7, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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