Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32754 of 2019 Applicant :- Kishan Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ajay Kumar Srivastava, learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Having heard learned counsel for the parties and considering the fact that the applicant is licence holder of country-made liquor and when his shop was raided by the excise authorities, it was found that QR code fixed on several liquor bottles have been tampered and it appeared that illicit liquor was replaced, besides it, several other samples, seals and monograms were changed by the fake ones, I do not find any ground to grant anticipatory bail to the applicant.
Learned counsel for the applicant has submitted that this Court has granted anticipatory bail to co-accused, Rakesh Kumar. However, the case of the applicant is distinguishable from the case of co-accused, Rakesh Kumar who was merely employee of the applicant whereas the applicant is license holder and in the F.I.R. serious allegations have been made against him.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant,Kishan Gupta involved in Case Crime No. 123 of 2019 under Sections 60/64 of Excise Act and 261, 420, 467, 468 and 471 I.P.C., Police Station Barkheda , District Pilibhit.
Accordingly, the anticipatory bail application is rejected.
However, the applicant will be at liberty to move regular bail application under section 439 Cr.P.C., if so advised.
Order Date :- 21.8.2019 MN/-