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2025 DAILYLAW 126602 (ALL)

KAMLESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/202/2025 · 2025-03-04

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13069 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 202 of 2025 Applicant :- Kamlesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 555 of 2024, under sections 60,60(2) of the Excise Act and section 274 of the B.N.S., Police Station- Motipur, District-Bahraich. From perusal of the first information report as well as the record appended thereof including the argument of learned counsel for the State, it transpires that the proceedings under section 105 of the B.N.S.S., have been completed in it's letter and spirit. This court has also noticed the fact that the adulterated liquor was recovered from the possession of the applicant, which is hazardous and widely impacts the faith of public at large. Learned counsel for the applicant has failed to satisfactorily substantiate that the applicant would not tamper the evidences and would not threaten the witnesses. Apprehension of arrest has also been denied. Considering the complicity of the accused- applicant and looking into the gravity of nature of offence, this court does not find any good ground to intervene in this matter. The anticipatory bail application of the applicant, Kamlesh Kumar, is hereby rejected. Order Date :- 4.3.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench