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2025 DAILYLAW 102710 (ALL)

PRAVEEN PASWAN v. STATE OF U.P.

BAIL/33917/2025 · 2025-10-06

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33917 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Virendra Kumar Maurya, learned counsel for the applicant, Shri Arimardan Yadav, learned A.G.A. for the State and perused the record of the case. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of applicant, Praveen Paswan with a prayer to release him on bail in Case Crime No. 198 of 2024, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station- Sector 58, Noida, District- Gautam Budh Nagar. Learned counsel for the applicant has contended that applicant was driving the Ciaz car and nothing was recovered from the his possession or from the car being driven by him. Learned counsel for the applicant submits that co- accused Sudama Chaudhar and Aneesh from whose possession recovery was effected, have been granted bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 36956 of 2023 and Crl. Misc. Bail Application No. 41723 of 2024 on 18.3.2024 & 18.3.2025, respectively. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant, who is in jail since 13.6.2024 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial Versus Counsel for Applicant(s) : Virendra Kumar Maurya Counsel for Opposite Party(s) : G.A. Praveen Paswan .....Applicant(s) State of U.P. .....Opposite Party(s) stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. Considering the facts of the case, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Praveen Paswan involved in abovesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 7, 2025 Ravi Prakash BAIL No. 33917 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad