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2025 DAILYLAW 138054 (ALL)

MOHD. HANEEF v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/3770/2025 · 2025-09-22

Subhash Vidyarthi

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3770 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Suraj Singh, learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned Additional Government Advocate 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.42 of 2025, under Sections 8/20 N.D.P.S. Act, registered at Police Station Rupaidiha, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police on 15.02.2025 against two persons, including the applicant stating that on the basis of an information received from a mukhbir two persons riding a motorcycle were intercepted. The motorcycle was being driven by the applicant and other co-accused was sitting on the pillion seat and they confessed carrying illicit charas. Their search was conducted in presence of Circle Officer, Nanpara who was called on the spot and four packets were recovered from inside the t-shirt worn by the applicant and four packets were recovered from the other accused person. The packets recovered from the applicant were of different weights totalling to 2.021 kilograms and the packets recovered from the co-accused contained total quantity of 2.029 kilograms. 4. In the affidavit filed in support of bail application it has been stated Versus Counsel for Applicant(s) : Sumit Chauhan, Manoj Kumar Singh, Suraj Singh, Vishnu Narayan Sharma Counsel for Opposite Party(s): G.A. Mohd. Haneef .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 26.02.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the recovery has not been witnessed by any independent person; that the applicant was not taken to any Magistrate or a gazetted officer, rather the search was conducted in presence of a police officer who himself has came to spot; that the applicant has no previous criminal history and he is languishing in jail since 15.02.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Mohd. Haneef be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. September 22, 2025 Ram. BAIL No. 3770 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench