HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1760 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No.0181 of 2025 under Section 61(2)(a), 318(4), 338, 336(2), 340(2) and 350 BNS and Section 60 The Excise Act, Police Station Madheyganj, District Lucknow. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case it is alleged that on 15.09.2025 at about 9:00 PM, an Excise team conducted a surprise inspection of the Composite Liquor Shop, Sitapur Road (Shop ID 252640840) in the presence of sellers Rajesh Jaiswal and Ashok Kumar Jaiswal. During the inspection, the team recovered several liquor bottles of Iconic White, Royal Stag, Imperial Blue, and Sterling Reserve B-7 brands on which fake QR codes of other brands had been affixed and the caps were also found to be counterfeit. Upon interrogation, the accused persons admitted that they, along with the applicant were selling adulterated liquor to the public for illegal profit. Learned counsel for the applicant submits that the applicant was not arrested from the spot and that his name has surfaced only in the confessional statements of the co-accused persons. It is further Versus Counsel for Applicant(s) : Nitin Kumar Mishra, Dharmendra Jaiswal, Shubhra Sahai Counsel for Opposite Party(s): G.A. Hariom @ Hariom Jaiswal .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) submitted that no offence under Section 338 BNS is made out even if the entire prosecution story is taken as it is. The allegedly fabricated QR code does not constitute a “valuable security,” and therefore Section 338 BNS is not attracted. The investigation in the case is still ongoing. Learned A.G.A. has opposed the bail application. On due consideration of the fact that the applicant was not apprehended on the spot; he has no previous criminal history; the offence is triable by the Magistrate; there is no recovery from the present applicant; and his case appears to be distinct from that of the other co-accused; and in view of the undertaking given on behalf of the applicant to cooperate with the investigation, I am of the opinion that the applicant deserves to be released on anticipatory bail in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days' from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. November 19, 2025 Madhu D.R/P.S NABAIL No. 1760 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench