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2025 DAILYLAW 136510 (ALL)

ARVIND KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO

BAIL/3513/2025 · 2025-08-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46437 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3513 of 2025 Applicant :- Arvind Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko Counsel for Applicant :- Rinku Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rinku Verma, learned counsel for the applicant, Shri Nagendra Kumar Verma, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0459 of 2024, under Sections 8A(c), 15(c) & 25 of NDPS Act, 1985 registered at Police Station Gosaiganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 27.10.2024 against six persons including the applicant, stating that on the basis of information received from Mukhbeer, a truck and a tractor were intercepted and 317 Kg of Poppy Straw was recovered thereon. In the custodial statements of persons apprehended, they implicated the applicant also. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 65 years old innocent person, he has been falsely implicated in the present case. 5. The State has filed a counter affidavit and the applicant's involvement in two other case criminal cases has been shown in the counter affidavit. 6. A rejoinder affidavit has been filed on behalf of the applicant stating that the applicant has been released on bail in both the other cases in which he is involved. 7. Learned counsel for the applicant has submitted that co- accused Ram Sahai, who was arrested by the police on the spot and on the basis of which, the applicant has been implicated, has been ordered to be released on bail by means of an order dated 03.07.2021 passed by the Co-ordinate Bench of this Court in Bail Application No.9251 of 2025. 8. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail application and both of them submitted that the victim was assaulted with Hasia on his neck and the offence is serious in nature. The allegations have been established during the investigation and the charge sheet has been been submitted on 14.07.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as the main co- accused who has been arrested on spot has been granted bail, the applicant, who has been implicated on the basis of custodial statement of that co-accused, is entitled to be released on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Deen Dayal be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Order Date :- 7.8.2025/S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench