ANOKHE LAL @ NOKHELAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7016/2025 · 2025-07-30
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154812 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154812 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44051 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7016 of 2025 Applicant :- Anokhe Lal @ Nokhelal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Saurabh Srivastava 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 3.890 kilograms of ganja were recovered from two accused persons, namely Brajesh Kumar and Gudiya, and 1.010 kilograms were recovered from Zalim.
Learned counsel for the applicant submits that no recovery has been made from the possession of the applicant. His name has surfaced only in the confessional statements of the co-accused. Co-accused Brajesh Kumar and Gudiya have already been granted bail by the court below, copy of which is on record as Annexure No. 2 to the bail application. Another co-accused, Zalim @ Kaushalendra Singh, has also been granted bail by a coordinate Bench of this Court vide order dated 12.06.2025 passed in Criminal Misc. Bail Application No. 5257 of 2025. The applicant has explained his criminal antecedents of two cases in paragraphs 22 and 23 of the bail application. He is in custody since 18.06.2025. It is further submitted that 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. Considering the bail orders passed in favour of co-accused persons from whom recovery was made, the facts that no recovery has been made from the present applicant, he has explained his criminal antecedents, and he is in jail since 18.06.2025, this Court is of the view that the applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed. Let the applicant Anokhe Lal @ Nokhelal involved in Case Crime No. 167/2025, under Sections 8/20 of NDPS Act, Police Station - Unchahar, District - Raebareli, 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
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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
Order Date :- 30.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench