HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 2635 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Shams Tabrez Alam Ansari, learned counsel for the applicant, and Shri S.D. Shukla, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer to release him on bail in Case Crime No.317 of 2025, under Sections 318(4),338,336(3), 340(2), 61(2) of B.N.S. and Sections 60, 63 of Excise Act, registered at Police Station Kandhrapur, District Azamgarh, during pendency of the trial. 3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that co-accused Yogesh Kumar has already been granted bail by this Court vide order dated 03.04.2026 passed in Criminal Misc. Bail Application No.1785 of 2026. It is further submitted that the role of the applicant is not distinguishable from the role of the co-accused Yogesh Kumar. It is further submitted that as per first information report, the applicant and co-accused were found sitting in the vehicle, in which, some illegal foreign brand liquor amounting to the tune of 4032 bottles are said to have been recovered. It is further submitted that the applicant is languishing in jail since 14.10.2025, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. Versus Counsel for Applicant(s) : Shams Tabrez Alam Ansari Counsel for Opposite Party(s) : G.A. Bheema Ram .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant. 5. Charge sheet in this case has already been submitted. Co-accused Yogesh Kumar has already been granted bail by this Court vide order dated 03.04.2026 passed in Criminal Misc. Bail Application No.1785 of 2026. It is further submitted that the role of the applicant is not distinguishable from the role of the co-accused Yogesh Kumar. As per first information report, the applicant and co-accused were found sitting in the vehicle, in which, some illegal foreign brand liquor amounting to the tune of 4032 bottles are said to have been recovered. It is further submitted that the applicant is languishing in jail since 14.10.2025. 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 7. Let the applicant- Bheema Ram involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :- (i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. BAIL No. 2635 of 2026 2 (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 7, 2026 RKM BAIL No. 2635 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad