The High Court rejected an anticipatory bail application under Section 438 Cr.P.C. filed by Guddi Devi, a liquor shop licensee, in a case involving illegal liquor and forged stickers. The court held no grounds existed to grant bail given the prima facie case and the submitted charge sheet.
The anticipatory bail application is hereby rejected.
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Court No. - 80
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11673 of 2022
Applicant :- Guddi Devi Opposite Party :- State of U.P. Counsel for Applicant :- Abdul Khalik Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.
This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.0353 of 2020 (State vs. Guddi Devi), under sections 60, 60(A) Excise Act & 420, 468, 471 I.P.C., Police Station Awagarh, District Etah, during the pendency of trial.
Facts in brief are that the applicant was licensee of liqour shop. On 21.11.2020 at about 8:30 P.M. raid was made on the shop by Excise Inspector and quarters containing illegal liquor were recovered from the aforesaid shop of the applicant having forged stickers.
It is submitted that this applicant was licensee of the liqour but it was conducted by her husband Yatindra. The applicant was house wife and neither she manufactured the illegal liqour nor prepared the packs bearing forged stickers. It is also submitted that recovery shown against the shop of the applicant is false and no any test report was obtained by the raid party or during investigation by the police. Only on the basis of suspicion case was registered and even after investigation charge sheet was also submitted by the police. It is also submitted that during investigation anticipatory bail was granted to the applicant which she had not misused. Now trial is going on and in pursuance of the process of the court there is apprehension of imminent arrest against the applicant. In case, the applicant is released on bail, she would not misuse the liberty of bail and would cooperate with the trial.
Learned A.G.A. opposed the prayer for anticipatory bail and urged that in this case applicant is licensee of the shop where illegal manufactured liqour and the packs of liqour bearing forged stickers were recovered by the Excise Inspector at the time of inspection in the night. During investigation sufficient material was collected by the I.O. on the basis of which it was
found that prima facie case is made out against the applicant and the applicant is avoiding the process of the court.
Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A. and from the perusal of record, it appears that in this case after investigation charge sheet has been submitted against this applicant who is licensee of the liqour shop where illegal liqour was found to be sold. There appears no ground to grant anticipatory bail in favour of this applicant. Hence, the anticipatory bail application is, hereby, rejected.
However, if applicant appears and moves bail application before the learned court concerned, the same shall be decided as expeditiously as possible in accordance with law.
Order Date :- 30.1.2023 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
1 issue framed by the court
Whether anticipatory bail should be granted to the applicant who is the licensee of a liquor shop from which illegal liquor and forged stickers were recovered.
6 provisions across 3 enactments
Guddi Devi
Subhash Chandra Sharma
Ashok Kumar Gupta
As recorded by the court registry
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