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2025 DAILYLAW 141772 (ALL)

WAHEED KHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER

BAIL/4667/2025 · 2025-07-21

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:41636 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4667 of 2025 Applicant :- Waheed Khan Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that from the grocery shop of the applicant, the joint team of Food Safety and Drug Administration has during the search recovered 3900 ampoules and 207 vials of prohibited Oxytocin injection. Learned counsel for the applicant submits that the complaint case has been filed against the applicant after two years of the incident. The maximum punishment under the alleged offence is 5 years. There is no independent witness to the alleged recovery. It is further submitted that the applicant has no criminal history and he is languishing in jail since 8.5.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that there is no independent witness to the alleged recovery; the applicant has no criminal antecedents and he is languishing in jail since 8.5.2025; the maximum punishment under the alleged offence is 5 years and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Waheed Khan involved in Complaint Case No. 327 of 2025, under Sections 18/27 of Drugs and Cosmetics Act, Police Station- Asivan, District- Unnao, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. Order Date :- 21.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench