It has been argued by the learned counsel for the applicant that as per the version of FIR, on the information received from an informer that some persons were preparing illegal liquors at the bank of river near Rasoolpur Ashram Devara, the Police personnels raided the said place and caught four persons including the applicant but two persons succeeded to run away, who were recognized by the arrested persons as Sanjay Yadav and Rakesh Yadav. 265 litres of adulterated illegal liquors, Nausadar, Urea, Fitkary, Salt are alleged to have been recovered from the spot. It has further been argued by the learned counsel for the applicant that the applicant has falsely been implicated in the present case due to ulterior motive. There is no eye witness or public witness from which it is established that the applicants is involved in the commission of the alleged offence. It is next submitted that false recovery has been planted against applicant to implicate them, the said recovery has not been witnessed by any independent witness. There is no chemical analyses report, which can show that the recovered material is intended for sale or it is injurious to health. Learned counsel for the applicant has further submitted that the co-accused - Jai Prakash Yadav and Pramod Kumar Yadav @ Pappu Yadav have been granted bail by this Hon'ble Court vide orders dated 18.07.2019 and 23.07.2019 passed in Criminal Misc. Bail Applications Nos. 28548 of 2019, 29342 of 2019, respectively, copies of which orders have been passed on to the Court today
