Neutral Citation No. - 2025:AHC:61289 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3480 of 2025 Applicant :- Shiv Narayan Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rakesh Kumar Verma, learned counsel for the applicant and Shri Manoj Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Shiv Narayan, seeking enlargement on bail in Case Crime No. 771 of 2024, under Section 60 (1) of U.p. Excise Act and Section 274 of B.N.S., 2023, Police Station-Bilari, District Moradabad. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 21.12.2024. Learned counsel for the applicant submits that First Information Report has been lodged on 21.12.2024 with the allegation that on an information of the informer the police party raided the place of incident and arrested the applicant and recovered four liters of adulterated country made liquor, Urea and some Tetra Pack country made liquor. Learned counsel for the applicant submits that the alleged recovered liquor and other materials are planted one. There is no independent witness of the alleged recovery. Learned counsel for the applicant submits that the applicant is languishing in jail since last four months. Criminal history of one case has been explained in paragraph no 9 of the affidavit filed in support of bail application and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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, Shiv Narayan, 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 :- 23.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad