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2025 DAILYLAW 159355 (ALL)

JABIR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/7962/2025 · 2025-08-26

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7962 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Shailendra Kumar Mishra, the learned counsel for the applicant as well as Sri Satyendra Srivastava, 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. 30 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 two other criminal cases- (1) Case Crime No. 48/2022 under Section of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S Shivratanganj, District Amethi and (2) Case Crime No. 270 of 2021 under Sections 5, 8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, P.S Shivratanganj, District Amehti, has been disclosed in para 18 of the affidavit, in both of which he has been granted Versus Counsel for Applicant(s) : Shailendra Kumar Mishra, Dheeraj Awasthi Counsel for Opposite Party(s) : G.A. Jabir .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 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 co-accused Mohd. Raees has been granted bail by means of an order dated 12.08.2025 passed by this Court in CRIMINAL MISC. BAIL APPLICATION No. - 7482 of 2025. 8. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 9. Having considered the aforesaid facts and circumstances 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. 10. Accordingly, the bail application is allowed. 11. Let the applicant Jabir 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. August 26, 2025 S. Shivhare BAIL No. 7962 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench