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2025 DAILYLAW 149057 (ALL)

KAMLESH v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/6161/2025 · 2025-08-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48464 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6161 of 2025 Applicant :- Kamlesh Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Dilip Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Dilip Kumar Pandey, learned counsel for the applicant, Shri Ashok Kumar Srivastava, learned A.G.A. for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.167 of 2025, under Sections 8/20 of N.D.P.S. Act, registered at Police Station Unchahar, District Raibareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by Sub-Inspector of police on 06.05.2025 against 5 persons including the applicant, stating that on the basis of suspicion, the police had arrested three persons who confessed that they sell ganja and 3.890 kg ganja was recovered from co- accused Brijesh and his wife and 1.01 kg ganja was recovered from co-accused Jhanavi. In their custodial statements, they stated that they purchased ganja from the applicant and Anokhe Lal. 4. Shri Anokhe Lal has already been granted bail by means of an order dated 30.07.2025 passed by the Co-ordinate Bench of this Court in CRIMINAL MISC. BAIL APPLICATION No. - 7016 of 2025. Another co-accused Jalim alias Kaushalendra Singh has been granted bail by means of an order dated 12.06.2025 passed by the Co-ordinate Bench in CRIMINAL MISC. BAIL APPLICATION No. - 5257 of 2025. Brijesh Kumar Sahu and Gudiya have also been granted bail by the Special Judge. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in three other criminal cases has been disclosed in the affidavit filed in support of bail application as well as in the supplementary affidavit, in which he has already been ordered to be released on bail. 6. Learned A.G.A. has opposed the bail application but he could not distinguish the role of the applicant from that assigned to Anokhe Lal, who has already been granted bail. 7. Having considered the aforesaid facts and circumstances 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 on the ground of parity 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Kamlesh 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 :- 18.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench