Neutral Citation No. - 2025:AHC:94132 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7444 of 2025 Applicant :- Jagtar Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. This bail application has been given by the accused applicant Jagtar in Case Crime No. 146 of 2020, under Sections 420, 467, 468, 471 I.P.C. and sections 60, 63, 72 of Excise Act, P.S.- Kandhla, District Shamli. As per the FIR version, informant intercepted a Truck No. PB- 11-AP-5550, in which, illegal country made liquor was being transported. During search of the truck, 900 Peti country made liquor were recovered and each Peti contains 45 quarter. He next submitted that co-accused Gurpej and Subhash, who are driver and cleaner of the truck, were arrested on the spot and from their confessional statement before the police, name of present applicant as owner of the truck surfaced, have already been enlarged on bail in Crl. Misc. Bail Application no. 22385 of 2021 vide order dated 11.6.2021. The applicant is in jail since 6.12.2024. No recovery has been effected from his possession. He has been assigned criminal history of one case under section 174-A IPC, which has been explained in para-12 of the affidavit filed in support of the bail application. No independent witness has been enjoined in the arrest and alleged recovery though the recovery was made in the public place. The applicant has no concern with the smuggling of country made liquor; he was not aware of the activities of driver and cleaner of the truck. There is no possibility of his either fleeing away from the judicial process or tampering with the evidence. He undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial. Learned A.G.A. has vehemently opposed the prayer of bail. However, he has not disputed the aforesaid facts and has submitted that the police has filed charge-sheet after concluding the investigation. Having heard the submission of learned counsel of both sides, considering the fact of the case and without commenting on the merits of the case, I find it to be a fit case for bail. Let applicant be released on bail in aforesaid case crime on his 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 applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. Order Date :- 30.5.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad