MEENA @ JALEBI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
BAIL/9076/2025 · 2025-09-24
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166565 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166565 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9076 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Syed Ahmad Mehdi, learned counsel for the applicant, Shri Mohd. Asif Khan, learned A.G.A.-I for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.163 of 2025 under Sections 8/20(B)(II)A of NDPS Act registered at Police Station- Gosainganj, District- Faizabad/Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.08.2025 against five persons including the applicant, stating that on the basis of information received from a mukbir, the police went to raid the house of co-accused Rajesh Kumar. On the way, the police came across the applicant and her son co-accused Manish. The applicant was carrying a packet. While police was searching the house, the applicant and her son escaped. 172.400 Kg ganja was recovered from the house of Rajesh Kumar kept in five sacks. 500 gms ganja was taken out as sample. Rajesh Kumar stated that he has sold 5 Kg of ganja to the applicant and her son co-accused Manish. Thereafter, the police arrested the applicant and her son and recovered 5 Kg ganja from them. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, she has been falsely implicated in the present case and she has no criminal history. 5. The recovery memo mentions that a single sample weighing 100 gms was taken out on the spot. Versus Counsel for Applicant(s) : Syed Ahmad Mehdi Counsel for Opposite Party(s) : G.A. Meena @ Jalebi .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s)
6. The learned A.G.A.-I has opposed the bail application and he has submitted that investigation in the present case is still going on. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the recovered substance falls much below the commercial quantity; as per the recovery memo, only a single sample of the substance was drawn from the spot and the samples have not been drawn in duplicate in presence of the Magistrate and the applicant is a woman having no criminal history and she is languishing in jail since 22.08.2025 whereas the investigation stands concluded, 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 case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Meena @ Jalebi 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. September 24, 2025 -Amit K- BAIL No. 9076 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench