Allahabad High Court
RAJESHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release.
Summary
The applicant, Rajesh, was arrested in connection with the seizure of 450 cartons of illegal liquor and charged under Sections 60, 63 and 72 of the U.P. Excise Act and Sections 419, 420, 467, 468 and 471 of the Indian Penal Code. He contended that he was merely the driver of the vehicle, had no role in the alleged offences, possessed no prior criminal record and was falsely implicated. The State opposed bail, but the court, after reviewing the material on record and the arguments, found that the applicant had made out a prima facie case for bail. The court therefore granted bail on the condition of a personal bond, two sureties, and compliance with standard bail conditions. The order emphasized that the bail grant does not prejudice the trial on merits.
Issues considered
- Whether the applicant is entitled to bail despite the seriousness of the offences under the U.P. Excise Act and IPC.
- Whether the applicant’s claim of innocence and lack of prior record justify bail.
- Whether there is a risk of tampering with evidence or intimidation of witnesses.
Legislation cited
- Indian Penal Code — s. 419, 420, 467, 468, 471
- U.P. Excise Act — s. 60, 63, 72
Subjects
- bail
- U.P. Excise Act
- Indian Penal Code
- illegal liquor
- presumption of innocence
- non-bailable offence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33259 of 2026
Rajesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.11 out of 61)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ashutosh Kumar Pandey, learned counsel for the applicant, Sri
V.K.S. Parmar, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.192 of 2022, under Sections
60/63/72 of UP Excise Act and Sections 419, 420, 467, 468, 471 I.P.C.,
Police Station Saiyadraja, District Chandauli, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
applicant is stated to be the driver of the vehicle, in which 450 cartoons of
illegal liquor were recovered. The allegations levelled against the applicant
are per se false and he has nothing to do with the said offence. He has not
committed the offence of causing loss to the state exchequer. The applicant
has no criminal history and is in jail since 18.7.2026. He undertakes to
cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without
BAIL No. 33259 of 2026
2
expressing any opinion on the merits of the case, prima-facie the Court is of
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Rajesh, be released on bail in the aforementioned case
crime on furnishing a personal bond and two sureties to the satisfaction of
the court concerned, subject to verification of sureties, with the conditions
that he shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 18, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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