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2025 DAILYLAW 156752 (ALL)

NEHA NISHAD v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

BAIL/7410/2025 · 2025-08-08

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46370 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7410 of 2025 Applicant :- Neha Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Anuj Verma,D.K. Singh Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri D.K. Singh Somvanshi, the learned counsel for the applicant as well as Sri Prashant Tripathi, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.393 of 2025, under Sections 8/20/21/29/22/60 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Thakurganj, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 14.07.2025 against four persons, including the applicant, stating that upon an information received from a mukhbir, a house was raided. Two co-accused persons Ayush @ Bauwa and Sufian was sitting on a counter and stated that he sells Ganja and Morphine on the instructions of Shrawan Kumar Nishand, his wife Meena Devi and his two sons Lucky Nishand and Ayush. He further stated that the applicant, wife of Lucky Nishad, assists by making packets of the substance and keeping a count. Although, the aforesaid statement implicated Meena Devi and Lucky Nishad but they have not been made an accused in the F.I.R. The F.I.R states that 1.015 Killograms Morphine, 252 grams Charas, 5.500 grams Ganja was recovered from the pointing out of the accused person from the counter as well as hidden in the house. However, the F.I.R does not state as to from which portion of the house, the alleged substances were recovered. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a 25 years old woman having no criminal history and she has been falsely implicated in the present case. It has further been stated that the applicant is a mother of two children aged 5 years and 6 months, who are presently under care of the applicant's sister. The applicant's younger sister is suffering from diarrhea and she has to remain admitted to the hospital for this reason. 5. The learned A.G.A. has opposed the bail application and he has submitted that the investigation in the present in case is still going on. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the aspect of the matter noted above, I am of the view that the applicant is entitled to be enlarged on bail. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Neha Nishad be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 8.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench