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2025 DAILYLAW 159983 (ALL)

RAMKEWAL YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8025/2025 · 2025-08-26

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8025 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Manoj Kumar Singh, learned counsel for the applicant, Shri Jayant Singh Tomar, learned A.G.A.-I 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.248 of 2025, under Sections 8/20 of NDPS Act, registered at Police Station Payagpur, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by Sub-Inspector of Police on 24.07.2025 against three persons, including the applicant, stating that two persons including the applicant were apprehended on the basis of a suspicion. Four packets containing Ganja kept in a packet were recovered. The applicant stated that two packets containing 1.70 kg of Ganja belonged to him and two other packets containing 1.00 kg Ganja belonged to other co-accused Raunak. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. Learned A.G.A.-I has opposed the bail application and he has submitted that the applicant is involved in another case but that relates to offence under Section 323 IPC which is not a cognizable offence and the investigation is still pending. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery is less than commercial quantity and the recovery has not been witnessed by any independent Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Ramkewal Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) person; that the applicant is having no criminal history and he is languishing in jail since 25.07.2025 and the investigation is still going on, 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant - Ramkewal Yadav be released on bail in the aforementioned 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. August 26, 2025 S. Shivhare BAIL No. 8025 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench