Allahabad High Court
BABHUTA RAMversusSTATE OF U.P.
- Decided
Holding
The Court granted bail to the applicant, finding the case fit for release on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Babhuta Ram, who was alleged to be the driver of a truck from which 6,085.44 litres of illicit English liquor was seized. The charges included offences under Sections 318(4), 338, 336(3), 340(2) of the B.N.S.S. and Sections 60, 63, 72 of the Uttar Pradesh Excise Act. The applicant argued that there was no evidence of label tampering, negating the charge under Section 318(4), and highlighted his clean criminal record and the lengthy pendency of the trial. The State opposed bail, emphasizing the large quantity of contraband involved. After reviewing the facts and evidence, the Court, without expressing an opinion on the merits, deemed the case fit for bail and ordered release on a personal bond with strict conditions.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita for the offences alleged against the driver of a vehicle carrying illicit liquor.
- Whether the absence of evidence of label tampering negates the charge under Section 318(4) of the B.N.S.S. and affects bail eligibility.
- Whether the applicant's clean criminal record and the anticipated trial delay justify bail despite the large quantity of seized liquor.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 483
- U.P. Excise Act — s. 60, 63, 72
Subjects
- bail
- criminal procedure
- excise law
- illicit liquor
- driver liability
- Section 483
- Uttar Pradesh Excise Act
- Bharatiya Nagarik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 989 of 2026
Babhuta Ram
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Anil Kumar Ojha
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Anil Kumar Ojha, learned counsel for the applicant, Sri B.P. Maurya,
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. 293 of 2025 under Sections 318(4), 338, 336(3), 340(2) BNS
and 60/63/72 of U.P. Excise Act registered at Police Station Duddhi, District
Sonbhadra during pendency of the trial.
3. It has been argued by learned counsel for the applicant that applicant is said to be
the driver of a vehicle from which 6085.44 litres of illicit English liquor is said to have
been recovered. It is further submitted that there is no evidence regarding tampering
with the labels, therefore, no offence under section 318(4) BNS is made out against
the applicant and at best, only offence under Excise Act can be said to be made out. It
is further submitted that applicant has no criminal history to his credit and he is in jail
since 24.11.2025. It is also submitted that the applicant 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.
4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submits that huge quantity of illicit English liquor has been recovered
from a truck which was being driven by the applicant.
5. As per allegations in the FIR, 6085.44 litres of illicit English liquor which is said to
have been manufactured in the State of Punjab and meant for sale in same State was
being transported to the State of Bihar illegally. Applicant has no criminal history to
his credit and he is in jail since 24.11.2025.
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.
BAIL No. 989 of 2026
2
7. Let the applicant Babhuta Ram involved in the aforesaid case crime 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 with the following conditions :-
(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.
(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.
May 7, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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