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2025 DAILYLAW 101619 (ALL)

PAWAN KUMAR @ PANNU v. STATE OF U.P.

BAIL/33275/2025 · 2025-09-24

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33275 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Kuldeep Kumar, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 213 of 2025, under Sections 60(1), 62 of Excise Act and Sections 274, 275, 318(4), 336(3) & 340(2) of BNS, Police Station - Dankaur, District - Gautam Buddha Nagar, during the pendency of trial. 4. As per prosecution story, 200 litres of mis-branded state liquor is stated to have recovered from the possession of the applicant along with several manufacturing implements on 13.08.2025. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. The applicant has been made a scapegoat by the police to show good work. 6. Learned counsel has further stated that the applicant is languishing in jail since 13.08.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 7. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned Versus Counsel for Applicant(s) : Kuldeep Kumar Counsel for Opposite Party(s) : G.A. Pawan Kumar @ Pannu .....Applicant(s) State of U.P. .....Opposite Party(s) counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and without expressing any opinion on the merits of the case, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Pawan Kumar @ Pannu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 25, 2025 Siddhant BAIL No. 33275 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad