AVNISH KUMAR VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/7400/2025 · 2025-08-08
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156767 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156767 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46358 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7400 of 2025 Applicant :- Avnish Kumar Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Himanshu Nag,Kashi Prasad Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Himanshu Nag, 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.411 of 2025, under Sections 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Mandiyaon, District Lucknow. 3. The aforesaid case has been registered on the basis of F.I.R. lodged by a Sub-Inspector of Police on 12.07.2025 at 01:24 hours, stating that on the basis of information received from a mukhbir that a suspicous person was standing near a parked car, the police arrested that person (the applicant). The F.I.R alleges that the applicant confessed that illicit Ganja was kept in the car. Ten packets containing a total of 21.862 gm Ganja kept in a sac were recovered from the rear seat of a car and the weight of each of the packets was different. The entire sac was sealed and the F.I.R mentions that a sample would be drawn later on. No independent person had witnessed the recovery. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history. 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 fact that even as per the F.I.R allegations, the applicant was merely standing near a car and he has been arrested on the basis of suspicion; the applicant is not the owner of the car; the alleged recovery has not been
witnessed by any independent person and that the applicant is languishing in jail since 12.07.2025, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 7.
7. Accordingly, this bail application stands allowed. 8. Let the applicant- Avnish Kumar Verma 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