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2025 DAILYLAW 173819 (ALL)

MOHANLAL AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO.

/10827/2025 · 2025-11-27

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10827 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicants, learned AGA for the State and perused the record. Accused-applicants seek bail in Case Crime No. 472 of 2025 under Sections 318(4), 338, 336(3), 340(2) BNS, 60, 63 & 72 of U.P. Excise Act, P.S.- Gosaiganj, District-Lucknow. In the prosecution case, it is alleged that from one KIA SONET Car bearing Registration No. PB-27 L-1428, which will go towards Purvanchal Expressway, 473 bottles of liquor alongwith one Number Plate Registration No. BR01CJ0557 is alleged to have been recovered. Submission of the learned counsel for the applicant is that applicants are innocent and have been falsely implicated in the case. Applicant No. 1/Mohan Lal has explained criminal history of one case in para 2 of the supplementary affidavit. Applicant No. 2-Kishan Kumar has no criminal history. It is submitted that recovery of 473 bottles of liquor shown to have been recovered from the applicant is false. The number plate has not been used by the applicant. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Suresh Chandra Shukla Counsel for Opposite Party(s) : G.A. Mohanlal And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. .....Opposite Party(s) Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration of the facts that there is no independent eye witness of the recovery, offences are triable by Magistrate, undertaking given by the applicant to cooperate in the investigation, applicant having no criminal antecedents is languishing in jail since 17.09.2025 and applicant No.1/Mohan Lal has explained criminal history of one case and applicant No. 2 has no criminal history, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the applicants-Mohanlal and Kishan Kumar involved in aforesaid case crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 27, 2025 Vinay/- BAIL No. 10827 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench