SAURABH TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME GOVT. OF U.P. LKO.
/7260/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156313 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156313 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45466 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7260 of 2025 Applicant :- Saurabh Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Of U.P. Lko. Counsel for Applicant :- Rohit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Rohit Kumar Singh, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I 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.184 of 2025 under Sections 8/20 of N.D.P.S. Act registered at Police Station- Gurubuxganj, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by the Sub-Inspector of Police against two persons, including the applicant, stating that a motorcycle was intercepted on the basis of an information received from a mukhbir and they confessed that they were carrying Ganja in a sack kept on a motorcycle. Three packets were recovered from the sack, two of which weighed 5 kg each and the third packet weighed 3.5 kg. 4. The FIR states that a single sample of about 100 gms was prepared after taking out approximately equal quantities of the substance from all the three packets. No independent person agreed to witness the recovery. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely
implicated in the present case and he has no criminal history. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that no independent witnessed the recovery of the substance; the samples have not been drawn in accordance with the mandatory provisions; the alleged recovery of a quantity less than the commercial quantity and the applicant has no criminal history and he is languishing in jail since 13.07.2025, 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- Saurabh Tiwari 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. . [Subhash Vidyarthi, J.] Order Date :- 5.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench