It is submitted by learned counsel for the applicant that as per the allegations made in the first information report lodged by the Police, on the information given by an informer, some drums of spirit have been kept in the bushes of the field of one Indra Dev Yadav, the first informant along with other Police Personnels reached there and recovered the 8 drums of spirit hidden in the bushes. The first informant enquired about the person as to who has kept the same there but no one gave any clue. After some time through reliable sources it came to the notice of the informant that the applicant is involved in preparing the illegal liquor and for the same he has kept the aforesaid spirit. It has further been argued by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He has not committed any offence. The applicant has not been arrested at the place of incident and nothing has been recovered from his possession. The alleged eight drums spirit have not been recovered on the pointing of the applicant nor the place where the said spirit has been kept belongs to the applicant. From the entire case diary, there is no evidence against the applicant. The said recovery has not been witnessed by any independent witness. The applicant has criminal history of one case to his credit except the present one, which has satisfactorily been explained in paragraph-20 of the affidavit accompanying the present bail application. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 28th January, 2019.
