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2025 DAILYLAW 158939 (ALL)

MANISH TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/7868/2025 · 2025-08-22

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49593 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7868 of 2025 Applicant :- Manish Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anil Kumar Pandey, learned counsel for the applicant, learned Additional Government Advocate 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. 258 of 2025, under Sections 8/20 of NDPS Act, registered at Police Station Vibhuti Khand, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.07.2025 against the applicant and Sudhir Pandey stating that on the basis of an information received from a mukhbir, the accused persons were apprehended. The applicant was carrying a bag from which two packets containing charas were recovered. The packets weight 505 grams and 510 grams, respectively. One packet weighing 525 gram was recovered from co-accused Sudhir Pandey. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no previous criminal history. 5. Learned counsel for the applicant has submitted that as per the averments made in the FIR, the recovery has not been witnessed by any Magistrate or independent Gazetted Officer and it has been witnessed by a Police Officer. He has further submitted that the FIR does not mention the weight of the substance at it mentioned the weight of substance along with the packing material. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that investigation is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid submission of the learned counsel for the applicant that the applicant has no previous criminal history and is languishing in jail since 08.07.2025, 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 on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Manish Tiwari 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. Order Date :- 22.8.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench