HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 989 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Anil Kumar Ojha, learned counsel for the applicant, Sri B.P. Maurya, 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. 293 of 2025 under Sections 318(4), 338, 336(3), 340(2) BNS and 60/63/72 of U.P. Excise Act registered at Police Station Duddhi, District Sonbhadra during pendency of the trial. 3. It has been argued by learned counsel for the applicant that applicant is said to be the driver of a vehicle from which 6085.44 litres of illicit English liquor is said to have been recovered. It is further submitted that there is no evidence regarding tampering with the labels, therefore, no offence under section 318(4) BNS is made out against the applicant and at best, only offence under Excise Act can be said to be made out. It is further submitted that applicant has no criminal history to his credit and he is in jail since 24.11.2025. It is also submitted that the applicant 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. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submits that huge quantity of illicit English liquor has been recovered from a truck which was being driven by the applicant. 5. As per allegations in the FIR, 6085.44 litres of illicit English liquor which is said to have been manufactured in the State of Punjab and meant for sale in same State was being transported to the State of Bihar illegally. Applicant has no criminal history to his credit and he is in jail since 24.11.2025. 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. Versus Counsel for Applicant(s) : Anil Kumar Ojha Counsel for Opposite Party(s) : G.A. Babhuta Ram .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Let the applicant Babhuta Ram involved in the aforesaid case crime 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 with the following conditions :- (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. (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 Madhurima BAIL No. 989 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad