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2025 DAILYLAW 159330 (ALL)

ABID ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/7891/2025 · 2025-08-25

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49690 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7891 of 2025 Applicant :- Abid Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Shailendra Kumar Mishra,Dheeraj Awasthi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shailendra Kumar Mishra, the learned counsel for the applicant as well as Sri Diwaker Singh, 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. 47 of 2025, under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Inhauna, District Amethi. 3. The aforesaid case has been registered on the basis of F.I.R. lodged by a sub-Inspector of Police against three persons, including the applicant, stating that on the basis of an information received from a mukhbir, three accused persons were apprehended. Some quantity of smack was recovered from all the persons. 40 grams smack was recovered from the pocket of pants worn by the applicant. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. 5. The applicant's involvement in four other criminal cases has been disclosed in para 20 of the affidavit filed in support of the bail application, in all of which, the applicant has been granted bail. 6. The learned counsel for the applicant has submitted that the alleged recovery has been made from the pocket of pants worn by the applicant and the recovery has not been made in accordance with the provision contained in Section 50 of Narcotic Drugs and Psychotropic Substances Act. He further submitted that the quantity of smack is less than the commercial quantity. 7. The learned counsel for the applicant has submitted that a co- accused person, Mohd. Raees has been granted bail by means of an order dated 12.08.2025 passed by the this Court in Criminal Misc. Bail Application No. 7482 of 2025. 7. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the one of the co- accused has already been granted bail, I am of the view that he applicant is also entitled to be granted bail on the ground of parity. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Abid Ali 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 :- 25.8.2025 Preeti. Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench