It is argued by the learned counsel for the applicant that as per the allegations made in the first information report, on 22nd February, 2019 at 20:50 hours, on the information received from a Police Informer that a vehicle bearing no. UP 82 G 0251 carrying illegal liquors of other States to Kurawali, the Police Personnels reached the Nagla Mohan Crossing and started searching of vehicles and after seeing the said vehicle, they indicated to stop the same by torchlight. On seeing the Police Personnels stopped the said vehicle and three persons sitting in the said vehicle including the applicant tried to flee away but the Police Personnels caught them. 300 packets quarters of country-made liquor, 460 packets of Royal Whiskey, half bags of caps and 800 rappers of different brands are alleged to have been recovered from the said vehicle. It has further been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is neither of the owner nor he has any concerned to the recovered vehicle from which alleged materials were recovered. The arrest of the applicant and alleged recovery have not been witnessed by any independent witness. There is no chemical examination report on the basis of which it can be said that the recovered material is intended for sale or it is injurious to health. The applicant has no concerned to the selling or preparing he adulterated liquors. Since the Police demanded illegal gratification from the applicant and he refused to give the same, the present first information report has been lodged falsely implicating the applicant. There is no public or independent witness from which it is established that the applicant is involved in the commission of the alleged offence. It has further been argued by the learned counsel for the applicant that the co-accused, namely, Ranpal Singh and Sukhdeep have already been enlarged on bail by the another Bench of this Court vide orders dated 13th May, 2019 and 30th May, 2019 passed in Criminal Misc. Bail Application Nos. 18241 of 2019 and 22441 of 2019. The case of the present applicant is also similar and identical to that of the aforesaid co-accused. As such the present applicant is also liable to be enlarged on bail. The applicant has no criminal antecedents to his credit except the present one. It is next contended that there is no
