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2025 DAILYLAW 160344 (ALL)

AJAY PANDEY @ SONU v. STATE OF UP THRU. SECY. HOME U.P. LKO.

BAIL/8090/2025 · 2025-09-01

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. - 8090 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Nagendra Singh, learned counsel for the applicant, Sri Ashok Kumar Srivastava, 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. 349 of 2023, under Sections 8/20/25/29/60 N.D.P.S. Act, registered at Police Station Kotwali Nagar, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.04.2023 against four accused persons including the applicant stating that on the basis of an information received from a mukhbir a car bearing registration no._WB-24K-8875 was intercepted. The other three co-accused persons were sitting in the car and 40 kilograms ganja packed in 19 packets was recovered hidden underneath the rear seat of the car by an iron sheet welded therein. The weight of the recovered substance was 40.220 kilograms and the F.I.R. states that small quantities were taken out from each of the packets as test samples. The F.I.R. further states that the arrested persons stated that the vehicle belongs to the applicant although the documents of the vehicle were not available at the time of lodging of F.I.R. 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. The applicant's involvement in two other criminal cases has been disclosed in para 11 of the affidavit filed in support of the bail application, one of which relates to an offence under N.D.P.S. Versus Counsel for Applicant(s) : Nagendra Singh, Brijesh Kumar Singh, Kuldeep Counsel for Opposite Party(s): G.A. Ajay Pandey @ Sonu .....Applicant(s) State Of Up Thru. Secy. Home U.P. Lko. .....Opposite Party(s) Act and the applicant has been granted bail in both the cases. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the substance was recovered from the applicant's car. However, he stated that this information has come to light in custodial statements of co-accused persons and the ownership and registration documents of car have not been recovered and there is no documentary evidence to show that the vehicle in question belongs to the applicant. The learned A.G.A. further submitted that the allegations have been established during investigation and thereafter a charge sheet has been submitted on 29.12.2024. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that besides custodial statements of co-accused persons there is no other material against the applicant coupled with the fact that the applicant is languishing in jail since 25.12.2024 and the investigation already stands concluded 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. 7. Accordingly, this bail application stands allowed. 8. Let the applicant-Ajay Pandey @ Sonu 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. September 1, 2025 Ram. BAIL No. 8090 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench