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2023 Supreme(All) 1100

SUBHASH VIDYARTHI
Dharmapal Gautam alias Bhikhari Gautam – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shakti Krishna Chaube, Praveen Tripathi.

JUDGMENT :

SUBHASH VIDYARTHI J.

1. Heard Sri Praveen Tripathi, the learned counsel for the applicant, Sri Rao Narendra Singh, the learned counsel for the State and perused the records.

2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 277 of 2016, under Sections 60 Excise Act and Sections 255, 259, 260, 419, 420, 467, 468, 471, 272, 273 IPC, Police Station Karnailganj, District Gonda.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.07.2016 against two persons-Ramesh Verma and Dharam Pal Gautam alias Bhikhari Gautam (the applicant) by a Senior Sub Inspector of Police, alleging that on the basis of information received from a mukhbir, a police party reached the polisher (small scale rice mill) of the applicant. As per FIR case, co-accused Ramesh Verma was arrested another person escaped and the person arrested told that the person who ran away, was the applicant and he is the owner of the polisher. The F.I.R. states that about 25 litres illicit liquor kept in a jerry-can, some bottles containing illicit liquor and some injections were recovered from the premises.

4. The learned AGA has raised a prelimina

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