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2025 DAILYLAW 153702 (ALL)

ADITYA PRATAP SINGH @ RISHABH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7028/2025 · 2025-07-30

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43952 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7028 of 2025 Applicant :- Aditya Pratap Singh @ Rishabh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sachin Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.153 of 2024 under Section 8/20/29 NDPS Act, Police Station Unchahar, District Raebareli. Learned counsel for the applicant submits that nothing has been recovered from the applicant. From the co-accused Dinesh Singh, 885 packets totaling 28 sacks of ganja weighing 879.350 kg are alleged to have been recovered. Dinesh Singh has been granted bail by a coordinate Bench of this Court vide Annexure- 3 to the bail application. The name of the applicant has surfaced only in the confessional statement of Dinesh Singh. It is further submitted that the applicant has been falsely implicated in the present case. Submission of learned counsel for the applicant is that the applicant stands on a better footing than the co-accused Dinesh Singh. The applicant has explained the criminal history of one case in paragraph 2 of the supplementary affidavit. The applicant is in jail since 28.05.2025. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration to the bail order of co-accused Dinesh Singh, from whom the recovery was made, and considering that prima facie nothing appears to have been recovered from the present applicant, and no narcotic substance has been recovered from him, coupled with the fact that he has explained the criminal history of one case, is in jail since 28.05.2025 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 Aditya Pratap Singh @ Rishabh Singh be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (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 under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)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 174-A of the IPC (now Section 209 BNS). Order Date :- 30.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench