Court allowed anticipatory bail for liquor shop licensee falsely implicated in adulteration case. Granted upon personal bond and sureties with standard conditions preventing tampering and absconding.
Anticipatory bail allowed for the applicant on personal bond with two sureties.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11836 of 2022
Applicant :- Shubhash Chandra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vimlendu Tripathi,Amar Nath Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Vimlendu Tripathi, learned counsel for the applicant and Sri Vibhav Anand Singh, learned A.G.A. for the State as well as perused the record.
The present application has been moved seeking anticipatory bail in Case Crime no. 225 of 2022, under Sections 420, 467, 468 IPC and Sections 60, 64 Excise Duty/Excise Act, Police Station-Bahariya, District-Prayagraj, with the prayer to enlarge him on anticipatory bail.
As per prosecution story, fifty-three pouches of country liquor was found adulterated by the team of Excise department on 7.10.2022 from the shop of the applicant. The applicant holds the license to run the said shop of the country liquor.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has stated that co-accused person Rakesh Kumar Singh and Anil Kumar Jaiswal, who happened to be salesperson at the said shop were arrested by the department and they have been enlarged on regular bail by the court concerned. The applicant has nothing to do with the said offence. The offence, if any, has been committed by the arrested persons only. It was only after the chemical analysis, the country liquor is said to have been found misbranded by the department. There is no criminal history of the applicant. It is further stated that applicant is co-operating in the investigation and is ready to cooperate in future also. There is no likelihood of the applicant repeating the said offence, if any. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length.
Learned A.G.A. has opposed the prayer for grant of anticipatory
bail but unable to dispute the submissions raised by the learned counsel for the applicant and the fact that applicant has no criminal history.
On due consideration to the arguments advanced by learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-(2020) 5 SCC 1", the applicant is entitled to be released on anticipatory bail in this case.
In view of the above, the anticipatory bail application of the applicant is allowed . In the event of arrest, let the accusedapplicant Shubhash Chandra Yadav be released forthwith in the aforesaid case crime (supra) on bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned/Station House Officer of the police station concerned with the following conditions:-
In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial or deciding the regular bail application.
Order Date :- 25.11.2022 Shalini
Digitally signed by SHALINI JAISWAL Date: 2022.11.26 15:27:31 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to anticipatory bail in the case pertaining to adulterated country liquor.
Whether sufficient grounds exist to grant relief on interim applications citing Sushila Aggarwal case.
Shubhash Chandra Yadav
State of U.P.
Krishan Pahal
Shalini Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
