Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34159 of 2026 Court No. - 68 (Sl. No. 28 out of 109) HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Mohd Nasir, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 334 of 2026, under Sections 318(4), 336(2), 336(3), 340(2) of BNS and Sections 60(1), 63, 72 of Excise Act, Police Station - Naimandi, District - Muzaffar Nagar, during the pendency of trial.
4. Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case and the allegations leveled against him are per se malicious. It is submitted that the actual owner of the vehicle fled from the spot during the occurrence. The applicant, being merely the driver of the said vehicle, had no conscious possession or prior knowledge of the spurious liquor loaded therein. It is further submitted that the applicant has no criminal antecedents, has been in jail since 05.07.2026, and poses no risk of absconding or tampering with evidence.
5. Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties, the nature of the offence, the severity of the punishment, and also considering the fact that the applicant is a mere driver without any criminal history, the absence of material showing conscious knowledge of the contraband, and the period of incarceration already undergone, this Court prima facie finds it a fit case to release the Versus Counsel for Applicant(s) : Mohd Nasir Counsel for Opposite Party(s) : G.A. Rajendra @ Babi .....Applicant(s) State of U.P. .....Opposite Party(s)
applicant on bail.
6. Accordingly, the bail application is allowed. Let the applicant- Rajendra @ Babi, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
7. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 24, 2026 Siddhant BAIL No. 34159 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad