Neutral Citation No. - 2025:AHC:72433 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2365 of 2025 Applicant :- Mohd. Zaki Opposite Party :- State of U.P. Counsel for Applicant :- Gyanendra Prasad Mahant,Manoj Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Manoj Kumar Dubey, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 109 of 2021, under Sections 60, 63 of the U.P. Excise Act and Section 272 of the I.P.C., Police Station Link Road, District Ghaziabad. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. According to the FIR, on the information received from the Mukhbir, the Police recovered 1 liter liquor in plastic bottle, 1 kg Urea, 24 quarter (full bottle) and 3 quarter (empty bottle) liquor of Haryana State from the possession of the applicant. He submits that the recovery of alleged liquor has been planted by the Police and false recovery memo has been shown due to ulterior motive. There is no independent witness of the alleged recovery. The applicant is languishing in jail since 18.12.2024. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Mohd. Zaki, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 2.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad