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2025 DAILYLAW 162831 (ALL)

SHAMINA BIBI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8488/2025 · 2025-09-08

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8488 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Syed Ahmad Mehdi, learned counsel for the applicant, Sri Shikhar 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. 24 of 2025, under Sections 8/18/29 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station GRP Ayodhya Cantt District/Unit- GRP Section, Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by Sub Inspector of Police against three women including the applicant stating that on the basis of an information received from a mukhbir the accused women were apprehended at the railway station. All of them confessed that they were carrying opium. 1.500 kilogram opium was recovered from the handbag being carried by the applicant. The search was conducted in presence of a Circle Officer of the Police. 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 criminal history. 5. A co-accused- Majhuni Begam has been granted bail by means of an order dated 29.08.2025 passed by this Court in Crl. Misc. Bail Application No.8151 of 2025. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a Versus Counsel for Applicant(s) : Syed Ahmad Mehdi, Saniya Ansari Counsel for Opposite Party(s) : G.A. Shamina Bibi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) charge sheet has been submitted on 07.08.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the alleged recovery has been conducted in presence of police officer and not in presence of any Magistrate or gazetted officer; that the applicant is a woman having no previous criminal history and the quantity of opium allegedly recovered falls much shorter than the minimum commercial quantity coupled with the fact that the applicant is languishing in jail since 15.06.2025 and the investigation already stands concluded and a co- accused has been granted bail 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- Shamina Bibi 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 8, 2025 -Amit K- BAIL No. 8488 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench