HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10180 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in FIR Number 181 of 2025 under Section 61(2)(a), 318(4), 338, 336(2), 340(2), 350 BNS and Section 60 U.P. Excise Act, Police Station Madeyganj, District Lucknow. In the prosecution case it is alleged that on 15.09.2025 at about 9.00 p.m., surprise inspection was conducted by Excise team in the presence of sellers Rajesh Jaiswal and Ashok Kumar Jaiswal and during said inspection, Excise team found two quarters (180 ml) and two half bottles of Iconic White brand, three quarter bottles of Royal Stag Brand, One Quarter Bottle of Imperial Blue brand and one quarter bottle of Sterling Reserve B-7 Brand on which fake QR code of other brand liquor were found to be affixed. Learned counsel for the applicant submits that from the personal search of the applicant, only a sum of Rs. 50/- was recovered. It is contended that the applicant has no criminal history and is a seller by occupation. The applicant has been falsely implicated by the police. It is further submitted that the owner of the shop, Smt. Manisha, has not been made an accused in the present case. There has been no scientific investigation to establish that the alleged liquor was spurious or adulterated. The applicant is in jail since 16.09.2025. Versus Counsel for Applicant(s) : Alok Trivedi, Vaibhav Mishra Counsel for Opposite Party(s) : G.A. Rajesh Jaiswal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail; however, he has fairly submitted that the owner of the shop has not been made an accused, nor has any reason been assigned by the State for the same. It is also admitted that there is no scientific or laboratory test report on record to show that the recovered liquor was spurious or adulterated. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts and circumstances of the case, it is observed that the applicant has been in jail since 16.09.2025; the alleged offence is triable by a Magistrate; the applicant has no previous criminal history; and there is no independent witness to the recovery. Considering these aspects and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a fit case for being enlarged on bail. Accordingly, the bail application is allowed. Let the applicant Rajesh Jaiswal be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. BAIL No. 10180 of 2025 2 (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). 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 6, 2025 Madhu D.R/P.S BAIL No. 10180 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench