HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33876 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Sitaram Yadav, learned counsel for the applicant and Shri Manoj Kumar Singh, 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, Saklain, seeking enlargement on bail in Case Crime No. 129 of 2025, under section 60/63 of Excise Act and Section 318 (4), 336 (3), 338, 340 (2) B.N.S., Police Station-Barhaj, District-Deoria. 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 14.08.2025. Learned counsel for the applicant submits that on an information of the informer a Truck bearing No. UP 22AT8435 was intercepted which was driven by one Jagga. From the said Truck huge quantity of liquor and from the possession of the driver namely Jagga one country made pistol and two live cartridges were recovered. Learned counsel for the applicant submits that neither the applicant was arrested from the spot nor any incriminating material has been recovered from the possession or pointing out of the applicant. The applicant is owner of the Truck and due to which he has been falsely implicated in the present case. He has no criminal antecedent and 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. Versus Counsel for Applicant(s) : Sitaram Yadav Counsel for Opposite Party(s) : G.A. Saklain .....Applicant(s) State of U.P. .....Opposite Party(s) Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that neither the applicant was arrested from the spot nor any incriminating material has been recovered from the possession or pointing out of the applicant. 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, Saklain, 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. October 7, 2025 Deepak/ BAIL No. 33876 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad