Padma Jaiswal Vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2024)

Padma Jaiswal Vs State of U.P. Thru. Prin. Secy. Home… — Anticipatory Bail | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the applicant is entitled to anticipatory bail in case crime No. 398 of 2024 under sections 60(1), 64 Ex. Act, 319(2), 318(4), 338, 336(3), 340(2) BNS, P.S. Reusa, district Sitapur.

Court's answer

On a perusal of the record, a huge recovery was found of several empty bottles and diluted bottles of 301 quarters of country liquor, 20 bottles of fake QR quote and 205 bottles of fake seals with cap, in the FIR lodged by the Excise Inspector.

Ratio / Principle

301 bottles of alcohol, when examined on the spot by alcoholic meter, were found to be 30-32% V/V, below the prescribed volume of 42.8 V/V.

Key takeaways

A perusal of the record as well as the report of the Excise Department prima facie shows that the complicity of the applicant is evident.ratio¶12
From the recovery made and the examination done by the Excise Department, it cannot be said that it is a case of false implication; no case for anticipatory bail is made out.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail — S.438 Cr.P.C. (application captioned under S.482 BNSS) — sought by the applicant, a lady whom the State described as a licensee, in case crime No. 398 of 2024 under sections 60(1), 64 Ex. Act, 319(2), 318(4), 338, 336(3), 340(2) BNS, P.S. Reusa, district Sitapur, arising from an FIR lodged by an Excise Inspector. Record showed a huge recovery of several empty bottles and diluted bottles of 301 quarters of country liquor, 20 bottles of fake QR quote and 205 bottles of fake seals with cap; 301 bottles examined on the spot by alcoholic meter were found 30-32% V/V, below the prescribed volume of 42.8 V/V. The court held that the record and the Excise Department's report prima facie show the applicant's complicity to be evident; from the recovery and the examination it cannot be said to be a case of false implication; no case for anticipatory bail was made out. Application rejected. (Karunesh Singh Pawar, J., order dated 3.9.2024.)

Neutral Citation No. - 2024:AHC-LKO:60424

Court No. - 14

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 13 of 2024

Applicant :- Padma Jaiswal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Desh Raj Singh Yadav Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

1. The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in case crime No.398 of 2024 under sections 60(1), 64 Ex. Act, 319(2), 318(4), 338, 336(3), 340(2) BNS, P.S. Reusa, district Sitapur.

2. Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail.

3. Learned counsel for the applicant submits that the applicant is a lady. The co-accused has been granted regular bail who was running the shop. Therefore, he may be granted anticipatory bail.

4.Learned A.G.A. while opposing the bail submits that in the forensic report, prosecution case has been corroborated. The applicant is a licensee. The complicity of the applicant is evident.

5.A perusal of the record shows that in the first information report lodged by Excise Inspector, huge recovery of several empty bottles and diluted bottles of 301 quarters of country liquor, 20 bottles of fake QR quote, 205 bottles of fake seals with cap were found.

A perusal of the record further shows that 301 bottles of alcohol when examined on the spot by alcoholic meter, they were found 30-32% V/V which is below the prescribed volume, instead of 42.8 V/V.

A perusal of the record as well as the report of the Excise Department, prima facie shows that the complicity of the applicant is evident. From the recovery made and the examination done by the Excise Department, it cannot be said that it is a case of false implication. No case for anticipatory

bail is made out.

6.The application is rejected.

Order Date :- 3.9.2024 kkb/

Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench