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2025 DAILYLAW 52096 (ALL)

DHEERAJ KUMAR v. STATE OF U.P.

BAIL/14634/2025 · 2025-07-17

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117487 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14634 of 2025 Applicant :- Dheeraj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Kumar Chaubey Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant-accused Dheeraj Kumar for the offence punishable under Sections 60, 63 of U.P. Excise Duty/Excise Act and Sections 338, 336(3), 340(2) of B.N.S. in Case Crime No. 66 of 2025, Police Station- Cheelh, District-Mirzapur. 2. Sri Yadvendra Yadav, learned advocate appeared for the applicant and submits that the accused applicant has been falsely implicated in the present case by the police, with 120 liquor bottles shown to have recovered from his swift car. The co-accused of another car has already been granted bail. There is no independent witness of the incident. The accused applicant is in jail since March, 2025. The charge sheet has been submitted in this matter. As such, he prays that the accused/applicant be enlarged on bail. 3. Per contra, learned A.G.A. has opposed the bail application and submits that huge recovery of liquor bottles is made by the police from the car driven by the accused. Accused applicant is having no criminal history. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The perusal of the record prima facie reveals that the accused applicant is languishing in jail since March, 2025. The recovery of 120 bottles have been made in absence of independent witness by the police. The accused arrested and the vehicle seized on the basis of tip off. 6. Hence, without touching merit of the case, the bail application is allowed. 7. Let the applicant be released on bail in the aforesaid case crime on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 18.7.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad