Allahabad High Court
RAJENDRA @ BABIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant should be released on bail as he lacked conscious knowledge of the contraband, had no criminal antecedents, and had already been in custody.
Summary
The applicant, Rajendra @ Babi, was arrested as the driver of a vehicle allegedly carrying spurious liquor, charged under Sections 318(4), 336(2), 336(3), 340(2) of the BNS and Sections 60(1), 63, 72 of the Excise Act. He contended that he was falsely implicated, had no knowledge of the contraband, and possessed no prior criminal record, having been in custody since 5 July 2026. The State opposed bail, but the court considered the nature of the offence, the applicant's lack of conscious possession, his clean record, and the period already served. Finding no material indicating his guilt or risk of tampering with evidence, the court deemed the case fit for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether the applicant, a driver with no alleged knowledge of the contraband, is entitled to bail during the pendency of trial under the applicable provisions of the BNS and Excise Act.
Legislation cited
- BNS — s. 318(4), 336(2), 336(3), 340(2)
- Excise Act — s. 60(1), 63, 72
Subjects
- bail
- criminal procedure
- driver
- spurious liquor
- excise offence
- false implication
- no prior criminal record
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34159 of 2026
Rajendra @ Babi
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd Nasir
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 28 out of 109)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mohd Nasir, learned counsel for the applicant and Sri Arun
Kumar Mishra, learned A.G.A. for the State and also perused the material
placed on record.
3. Applicant seeks bail in Case Crime No. 334 of 2026, under Sections
318(4), 336(2), 336(3), 340(2) of BNS and Sections 60(1), 63, 72 of Excise
Act, Police Station - Naimandi, District - Muzaffar Nagar, during the
pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the instant case and the allegations leveled against him
are per se malicious. It is submitted that the actual owner of the vehicle fled
from the spot during the occurrence. The applicant, being merely the driver
of the said vehicle, had no conscious possession or prior knowledge of the
spurious liquor loaded therein. It is further submitted that the applicant has
no criminal antecedents, has been in jail since 05.07.2026, and poses no risk
of absconding or tampering with evidence.
5. Considering the facts and circumstances of the case, the submissions
made by the learned counsel for the parties, the nature of the offence, the
severity of the punishment, and also considering the fact that the applicant is
a mere driver without any criminal history, the absence of material showing
conscious knowledge of the contraband, and the period of incarceration
already undergone, this Court prima facie finds it a fit case to release the
BAIL No. 34159 of 2026
2
applicant on bail.
6. Accordingly, the bail application is allowed. Let the applicant- Rajendra
@ Babi, be released on bail 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.
7. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
September 24, 2026
Siddhant
(Krishan Pahal,J.)
Digitally signed by :-
SIDDHANT SAHU
High Court of Judicature at Allahabad
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