Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51121 of 2019 Applicant :- Mahendra Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ardhendu Prakash Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This anticipatory bail application u/s 438 Cr.P.C. has been moved seeking the bail of applicant namely Mahendra Yadav, in the event of his arrest in Case Crime No.265 of 2019, under Sections 60(A), 60 of Uttar Pradesh Excise Duty/Excise Act, Sections 272, 255, 467, 419, 420 I.P.C., and Sections 54 and 65 of Copy Right Act (Amendment), 1957, Police Station Gauri Bazar, District Deoria.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Submission of the counsel for the applicant is that if applicant released on anticipatory bail he will co-operate in the investigation.
Learned A.G.A. have vehemently opposed the prayer for bail and submitted how the use of country-made liqueur often causes multiple deaths and such kind of criminal transaction cannot be viewed leniently. The identity of unknown persons who, according to the contents of the F.I.R., were also said to be living in the aforesaid premises of rice mill, is also to be ascertained and even the applicant has not yet submitted to the court's jurisdiction and he is escaping from the police. Therefore, the application should not be allowed specially keeping in view the huge amount of recovered noxious liqueur. It has also been submitted that such huge amount liqueur cannot be said to be planted and which is by itself a proof of genuineness of recovery.
It appears that a rice mill was raided and then it was found that 8352 bottles contained in 174 boxes containing liqueur were hidden in a hay stock. The aforesaid contraband material were recovered and taken in possession by the police. The allegation is that applicant is in possession of the rice mills and two other unknown persons were also living in this mill. The applicant has not been apprehended so far and he has yet not surrendered in the court below after lodging of the F.I.R. against him. The nature and the facts of the case are such that interrogation of the accused appears needed and essential for the purposes of fair deeper investigation into the case. The liqueur recovered is huge in amount. The police has expressed suspicion that the alleged recovered liqueur is noxious and dangerous for human life.
After considering the submissions advanced on behalf of rival sides, the nature and gravity of the accusation and the material in support of the same, I find no good ground for grant of anticipatory bail to the applicant.
Accordingly, the anticipatory bail application is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 26.11.2019 P.S.Parihar