Neutral Citation No. - 2025:AHC:53330 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11848 of 2025 Applicant :- Rajesh Kumar Shahni Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary Affidavit filed today is taken on record. Heard Shri A.Z. Khan, learned counsel for the applicant, Shri Arimardan Yadav, 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, Rajesh Kumar Shahni, seeking enlargement on bail in Case Crime No. 06 of 20025, under Sections 274, 318, 338, 336(3), 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and 60/72 of Excise Act and 63 of Copy Right Act, Police Station Uska Bazar, District Siddharth Nagar. 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 8.01.2025. Learned counsel for the applicant submits that on information was given by the informant to the S.I. Amar Nath Ram that two persons were coming from Farinda by Vehicle No.UP55 AF/6066 along with a lot of liquor and raw material of making illegal liquor. When they reached at the spot along with police personnels, check the vehicle and recovered illegal English liquor of 16 quarters of Royal Stag, 08 empty bottles of Quarter Imperial Blue, 4000 cans, 4000 duplicate seals, 77 liters of illegal chemical, three plastic gallons and orange colour in a plastic box from the possession of the applicant, thereafter present FIR has been lodged against the applicant. There is no independent witness of the alleged recovery. There is no lab report available in this regard. The applicant has no relation about the alleged vehicle and the recovered illegal liquor. There is no illegal article was recovered from the possession of the applicant. Charge- sheet has been filed on 19.03.20205. Custodial investigation is not required. There is criminal history of three cases, which has been explained in Supplementary Affidavit, in which he has been granted bail in all the three cases, copy of bail orders are appended as Annexure No.SA-1 collectively. 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, Rajesh Kumar Shahni , 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 :- 10.4.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad