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2025 DAILYLAW 157791 (ALL)

NAZIM v. U.O.I. THRU. N.C.B. LKO.

BAIL/7547/2025 · 2025-08-28

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7547 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Avinash Srivastava, learned counsel for the applicant, Sri Akhilesh Kumar Awasthi, learned counsel for the N.C.B. Lucknow and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.11 of 2025, under Sections 9-A/25-A/29 N.D.P.S. Act , registered at Police Station N.C.B. Lucknow, District Lucknow. 3. The aforesaid case has been registered on the basis of search-cum-seizure memo stating that on the basis of an information two persons Mohd. Sageer and Mohd. Tufail were apprehended and a controlled substance acetic anhydride was recovered from them. One of the accused persons Mohd. Sageer told that he had procured the substance acetic anhydride from the applicant and they were going to hand it over to one Fakhruddin. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. A supplementary affidavit has been filed on behalf of the applicant disclosing the applicant's involvement in seven other cases in all of which he has already been granted bail. It has also been submitted on behalf of the applicant that a co-accused person Mohd. Tufail, who was arrested having custody of controlled substance has been granted bail by this court by means of an order dated 22.08.2025, passed in Criminal Misc. Bail Application No.7738 of 2025. 5. The learned counsel for the N.C.B. has opposed the prayer for bail but he could not dispute the aforesaid aspect of the matter that the person from whom the recovery has been made has been granted bail, whereas the applicant has been implicated merely on the basis of custodial statement of Versus Counsel for Applicant(s) : Avinash Kumar Srivastava Counsel for Opposite Party(s) : Akhilesh Kumar Awasthi Nazim .....Applicant(s) U.O.I. Thru. N.C.B. Lko. .....Opposite Party(s) co-accused persons. 6. Having considered the aforesaid facts and circumstances of the case and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant also on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Nazim be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. August 28, 2025 Ram. BAIL No. 7547 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench